Experience Portland Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE A GIFT. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR ABILITY TO RECEIVE A GIFT. YOU HAVE NOT YET WON.
BY ENTERING THIS PROMOTION, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE OFFICIAL RULES. RECEIVING A GIFT IS CONTINGENT ON FULFILLING ALL REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. ANY VIOLATION OF THESE RULES MAY RESULT IN DISQUALIFICATION, WITHOUT NOTICE OR OTHER OBLIGATION TO THE VIOLATOR. ALL DECISIONS OF SPONSOR ARE FINAL AND BINDING IN ALL RESPECTS. VOID WHERE PROHIBITED BY LAW.
- Sponsor. The sponsor of this Experience Portland Promotion (the “Promotion”) is Travel Portland, 1000 SW Broadway, Suite 2300, Portland, Oregon 97205 (“Sponsor”).
- Timing. a. Promotion Period. The Promotion entry period begins on May 21, 2013 at 12:00 a.m. Pacific Standard Time (“PST”) and ends on July 1, 2013 at 11:59 p.m. PST (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.b. Gifts. By entering the Promotion, each eligible participant will be entered into a drawing to win one (1) board meeting at The Allison Inn & Spa. Gifts will be provided to eligible participants once Sponsor confirms the eligibility of each participant. All gifts will be provided to eligible participants by July 31, 2013.
- Eligibility Requirements. YOU MUST BE A PROFESSIONAL IN THE MEETINGS INDUSTRY TO ENTER THIS PROMOTION. This Promotion is also open only to legal residents of the United States who are at least twenty-one (21) years old at the time of entry and who can provide proof of U.S. residency. Residents of (i) the States of Colorado, Florida, and New York; (ii) U.S. territories and possessions; U.S. military installations in foreign countries; and (iii) all locations not physically located within the continental United States are excluded from this Promotion. Employees, officers, and directors of Sponsor and any of its affiliates and agencies or other companies involved in the development or execution of this Promotion, as well as the immediate family members (spouse, parents, siblings, and children) and household members of such employees, officers, and directors are not eligible to enter this Promotion. This Promotion is subject to all applicable federal, state, and local laws and regulations. This Promotion is void where prohibited by law.
- How to Enter. Participants can enter by submitting the required information in response to Sponsor’s e-Blast for this Promotion. The required information includes your first and last name, organization, phone number, and e-mail address.
The Promotion is limited to one entry per person and per household during the Promotion Period. Any attempt by a participant to enter the Promotion more than once by using multiple/different e-mail accounts or identities or any other method will disqualify that participant. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor has no obligation to notify the participant of the disqualified entry.In the event of a dispute as to the person associated with any entry, the authorized account holder of the e-mail address used to enter will be deemed the participant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The entrants may be required to show proof of being the authorized account holder.Only completed entry forms received by the end of the Promotion Period will be eligible to receive a gift. All entries received after the end of the Promotion Period will be void and will not be eligible to receive a gift. Sponsor will not verify receipt of entries, and proof of submission will not be deemed proof of receipt by Sponsor. Entry materials are automatically null and void if not obtained through the authorized channel or if any part is late, lost, stolen, incomplete, illegible or unintelligible, invalid, damaged, misdirected, or contains typographical or other errors, and Sponsor is not responsible or liable in any way for such entries or errors. Sponsor has no obligation to notify the participant of the disqualified entry.
Unless required by law, Sponsor is not required to review or respond to any correspondence received from an entrant regarding the Promotion.
- Gift and Gift Notification Details. By entering the Promotion, each eligible participant will be entered into a drawing to win one (1) board meeting at The Allison Inn & Spa. THE POTENTIAL GIFT RECIPIENTS MUST MEET ALL ELIGIBLY REQUIREMENTS AND OTHERWISE COMPLY WITH THESE OFFICIAL RULES IN ORDER TO RECEIVE A GIFT.Gifts will be provided to eligible participants once Sponsor verifies the eligibility of each participant. Sponsor may contact participants via email, mail, or phone to confirm eligibility to receive a gift and get mailing address. If Sponsor mails you correspondence and/or your gift, the correspondence and/or gift will be deemed delivered to you once the correspondence and/or gift is delivered by Sponsor to the U.S. Postal Service or other common carrier of Sponsor’s choosing. Sponsor will not be responsible or liable for any lost, stolen, or damaged correspondence or gifts once delivered to the U.S. Postal Service or other common carrier, or for any loss or damages relating to delivery, use, or misuse of the gifts. If any correspondence and/or gift, whether mailed or emailed, is returned as undeliverable, the applicable gift will be forfeited without notice to the applicable participant, and the participant will be deemed ineligible.All applicable federal, state, and local taxes associated with acceptance and use of the gift is the sole responsibility of the applicable recipient. All expenses and items not specifically mentioned in these Official Rules are not included and are the recipient’s sole responsibility. The gifts may not be exchanged for cash value or otherwise, and the gifts are non-refundable. No transfer, substitution, or assignment of the gifts is permitted. Gifts are subject to availability and substitution, in whole or in part, with gifts of equal or greater retail value if the gifts are unavailable or cannot be provided for any reason, in Sponsor’s sole discretion. Sponsor makes no representation, warranty, or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of any gift, including but not limited to, its quality, merchantability, and fitness for a particular purpose, or suitability for use. Sponsor makes no implied or express warranty by or on behalf of Powell’s Books. Gift recipients understand and agree that Sponsor does not assume any responsibility or liability with respect to the use of the gifts at Powell’s Books. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or use of the gifts provided, or the products or services purchased with the gifts.
All details of the gifts not set forth in these Official Rules are at the sole discretion of Sponsor.
- Publicity Release. Unless prohibited by law, acceptance of a gift shall constitute and signify the recipient’s agreement and consent that Sponsor, and third parties on Sponsor’s behalf, may use the recipient’s name, organization, statements, voice, image, likeness, and/or gift received (collectively the recipient’s “Name and Likeness”) for marketing and promotional purposes and for any other business purpose, in any media, now known or hereafter developed, throughout the world, including on the Internet, without providing additional notice, consent, review opportunity, or consideration to the applicable recipient. Each recipient agrees that Sponsor (and third parties on Sponsor’s behalf) has the unrestricted, absolute, perpetual, and worldwide right to reproduce, copy, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives of, and otherwise use the recipient’s Name and Likeness. Each recipient agrees that Sponsor may alter the recipient’s Name and Likeness and may combine the recipient’s Name and Likeness with other materials and information (including but not limited to, text, data, images, photographs, illustrations, animation and graphics, or video or audio segments of any nature, in any media or embodiment, now known or hereafter developed). Each recipient accepts and acknowledges that Sponsor shall not be obligated to use the recipient’s Name and Likeness, and Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
- Release and Indemnification. By participating in this Promotion, you (i) agree to release Sponsor and its affiliates and related companies and each such company’s officers, directors, employees, and agents (collectively, the “Releasees”) from any and all liability for any and all claims, losses, damages, injuries, death, damage to or loss of personal property, costs and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to your participation in this Promotion; your acceptance, possession, use, or misuse of your gift or products or services purchased with your gift; and/or the Releasees’ use of your Name and Likeness under Section 6 above (including but not limited to, liability from and claims for libel, defamation, invasion of privacy or right of publicity, or violation of any other right); and (ii) agree to indemnify and hold harmless the Releasees from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to your participation in this Promotion; your acceptance, possession, use, or misuse of your gift or products or services purchased with your gift; and/or the Releasees’ use of your Name and Likeness under Section 6 above (including but not limited to, liability from and claims for libel, defamation, invasion of privacy or right of publicity, or violation of any other right); and (iii) acknowledge and agree that the Releasees have not made and are not responsible or liable for any guarantees, warranties, or representations, express or implied, regarding the gifts. The gifts must be accepted as awarded, and the gifts are awarded “AS IS” and “AS AVAILABLE” with no guarantee, warranty, or representation, express or implied, in fact or in law.
- Disclaimers. Releasees are not responsible for: (1) Any incorrect or inaccurate information or printing or typographical errors; (2) technical failures of any kind, including but not limited to, malfunctions, interruptions, or disconnections in phone lines, network availability, server or other connections, hardware or software, or other equipment; or other disruption related to Internet traffic, viruses, or otherwise; (3) forces beyond the reasonable control of Sponsor that may cause the Promotion to be disrupted or corrupted; (4) unauthorized human intervention in any part of the entry process or the operation of the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; (6) late, lost, incomplete, inaccurate, misdirected, illegible or unintelligible, undeliverable, damaged, or stolen entries or correspondence; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a participant’s participation in the Promotion; downloading of information regarding the Promotion; acceptance, possession, use, or misuse of any gift or product or service purchased with a gift; or use of the recipient’s Name and Likeness under Section 6. If, for any reason, a participant’s entry is confirmed to have been erroneously deleted, lost, stolen, misdirected, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Promotion, if it is possible at that time.
- Disputes; Limitation of Liability. Except where prohibited, participants agree that: (1) These Official Rules, and the rights and obligations of the participants and Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any conflict-of-law rules that would result in the application of the laws of any other jurisdiction; (2) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any gift provided shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. District Court for Oregon or the appropriate Oregon State Court located in Multnomah County, Oregon, and participants submit to the exclusive jurisdiction and venue of the courts located in the State of Oregon for any and all causes of action relating to this Agreement; (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred by the applicable participant relating to the Promotion, including costs associated with entering the Promotion and claiming a gift, if any, but in no event will any participant be awarded attorneys’ fees; (4) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, indirect, punitive, special, exemplary, incidental, and consequential damages and any other damages, other than for actual out-of-pocket costs incurred; and (5) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive, all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU.
- General. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term on another occasion or any other term. 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 Promotion, or if the Promotion is not capable of being executed as planned for any other reason, as determined by Sponsor in its sole discretion. If the Promotion is terminated before the end of the Promotion Period, Sponsor will provide gifts to all eligible entrants who entered the Promotion prior to such termination. Sponsor reserves the right, in its sole discretion, to disqualify any individual who Sponsor finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this Promotion or any other promotion or in a disruptive manner.
CAUTION: Any attempt by any person to defraud Sponsor in connection with the Promotion, to damage any website, or to otherwise deliberately undermine the legitimate operation of the Promotion, may be a violation of criminal and civil laws and subject to criminal and civil penalties. Should such an attempt be made, Sponsor will disqualify any such person from the Promotion, without notice to such person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law and to cooperate in the prosecution of any such conduct.
Consumer Disclosure: Void where prohibited. You have not yet won. No purchase or payment of any kind is necessary to enter or receive a gift. A purchase or payment will not increase your ability to receive a gift. Limit: One entry per person and per household. Other restrictions apply. Promotion Period: May 21, 2013 at 12:00 a.m. to July 1, 2013 at 11:59 p.m. PST. Sponsor: Travel Portland, 1000 SW Broadway, Suite 2300, Portland, Oregon 97205.