1. DESCRIPTION: The Gates Hotel Key West and SCOUT Bag’s “Key West Giveaway” (the "Contest"), is brought to you by SC Key West Owner VII, L.P. (dba The Gates Hotel Key West) (the "Sponsor") and SCOUT Bags, and is governed by these Official Rules. The Contest begins on Monday, January 30th 2017 and ends on Monday, March 27th 2017 at 11:59 p.m. EST (the "Contest Entry Period"). There will be a total of one (1) prize package awarded to one (1) winner. Entry in the Contest does not constitute entry into any other giveaway, contest or sweepstakes.
2. AGREEMENT TO THE OFFICIAL RULES: Participation in the Contest constitutes Participant's unconditional acceptance of and agreement to these Contest Official Rules ("Official Rules") and the decisions of the Sponsor whose decisions shall be final and legally binding in all respects, in its absolute and sole discretion.
3. ELIGIBILITY: The Contest is open to all legal residents of the contiguous United States (excluding Alaska and Hawaii) or the District of Columbia, who are eighteen (18) years of age or older and who have attained the age of majority as of January 30th, 2017. To enter, you ("you" or "Participant") must complete and submit an Entry form during the outlined Contest Entry Period. All Entries become the exclusive property of the Sponsor. Employees of the Sponsor, Highgate Hotels, L.P., or SCOUT Bags, or any of their respective affiliates, subsidiaries, distributors, dealers, sales representatives or advertising or promotional agencies, and each of such employee’s immediate family members (as defined by the IRS) and/or people living in the same household, whether related or not, are NOT eligible to enter. Eligibility is subject to all federal, state, and local laws and regulations. Void where prohibited by law. The Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.
4. HOW TO ENTER: During the Contest Entry Period, Participants must complete the following steps on ScoutBags.com.
• Locate the entry page on ScoutBags.com
• Complete the Contest entry form (an "Entry") and submit.
Complete Entries must be submitted in accordance with instructions during the Contest Entry Period. All entries will become property of the Sponsor and will not be returned. Limit one entry per person.
5. ENTRY REQUIREMENTS: By submitting an Entry in the Contest, you hereby warrant and represent that your entry conforms to the requirements set forth herein. Entries must be in English.
Entries must meet the following requirements: Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Entry cannot be obscene or offensive, endorse any form of hate or hate group; Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; Entry cannot contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission; Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than entrant, without permission; Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Entry cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES OR SOCIAL MEDIA, IN SPONSOR’S SOLE DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to its websites or social media. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents, licensees, affiliated and/or subsidiary companies, successors and/or assigns an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the Participant.
ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Participants.
6. PRIZES/ODDS/ENTRY PERIODS: Odds of receiving a prize depend on the number of eligible entries received by Sponsor for the Content Entry Period in which the Participant is participating. The winner shall receive one (1) grand prize including: eight (8) SCOUT Bags, airfare and accommodations for two (2), including a four-night (4) stay for two (2) at The Gates Hotel Key West, a sunset sail for two (2), two (2) complimentary drinks per day at Rum Row (subject to applicable law), two (2) complimentary Gates Key West Hotel cruiser rentals for the duration of stay (the terms and conditions governing such usage shall be set forth in one or more separate agreements to be signed by the winner), and two (2) tickets to the Hemingway Home and Museum. The approximate retail value of the grand prize will be no more than $2,426.00.
The prize is non-assignable and non-transferable. The dates of the four night stay must occur during March 30, 2017 – March 30, 2018 and non-transferable (note that black-out dates, as determined by Sponsor, apply). No cash alternative or substitution will be allowed or provided. The Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value. The winner will be determined by Sponsor and in its sole and absolute discretion.
7. SELECTION OF WINNER: The potential winner(s) must comply with all terms and conditions of these Official Rules and the terms set forth in a separate Affidavit and Release of Winner. The winner(s) will be determined at random from all eligible Entries received.
8. NOTIFICATION OF WINNER: The Contest winner will be notified via the email address associated with the winning entry on Monday, April 3rd 2017. All decisions are final and binding. The winner must respond to claim their prize, within four (4) calendar days from the date the notification is sent by the Sponsor. Response must include necessary information to redeem the prize, such as mailing address and telephone number. Failure to contact the Sponsor within that four (4) day period will result in immediate disqualification of the selected Participant and a new winner will be selected. Should the notification message be returned to the Sponsor as invalid, the Participant will be immediately disqualified and a new winner will be selected. No exceptions will be made to this rule. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners.
9. CLAIMING PRIZES: The prize(s) will be satisfied as follows: SCOUT Bags will notify The Gates Hotel Key West and secure the winner’s stay, at which time the confirmation will be forwarded via email to the winner. Drink voucher(s), Gates Hotel cruiser(s), sunset sail ticket(s), and ticket(s) to the Hemingway Home and Museum will be provided to the winner upon arrival to The Gates Hotel Key West. SCOUT Bags will be delivered to the address associated with the winning Entry.
Each winner is responsible for any and all applicable fees, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of prize. Winners are advised to seek independent counsel regarding the tax implications of accepting a prize.
Entering and participating in this Contest constitutes the winner's permission for the Sponsor to use Winner's name, photograph, image, likeness, voice, biographical information, statements and geographical location (collectively, "Attributes") for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and releases the Released Parties from all claims arising out of the use of such Attributes. At the option of the Sponsor, the winner may be required to execute a Publicity Release. You further acknowledge that if you are a winner, your identifying information may be disclosed to third parties including, without limitation, being placed on a winners' list.
10. GENERAL RELEASE: By entering and participating in the Contest, you release the Sponsor and SCOUT Bags, their respective parents, affiliated and/or subsidiary companies, advertising and promotional agencies, and their respective members, managers, directors, officers, employees, representatives, and agents (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, attorney's fees, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. AFFIDAVIT AND RELEASE: As a condition of being awarded any prize, winners may be required to execute and deliver to the Sponsor a signed Affidavit and Release of Winner, which includes an acceptance of these Official Rules and a release of liability.
12. PRIVACY: The information collected to enter the Contest will be used to contact the Participant in the event that the Participant is chosen to receive a prize. Additionally, the Sponsor may use this information for marketing purposes, but will not share or sell any contact information to third parties. As stated above, the Contest is not open to minors under the age of eighteen (18) and who have not attained the age of majority. In the event that a Participant submits an entry to the Contest and is under the age of eighteen (18) years and not attained the age of majority, the Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the Entry.
13. LIMITATION OF LIABILITY: The Sponsor reserves the right to modify, change or enhance the eligibility, rules and/or jurisdiction for a particular prize. Any such change or modification will be announced in a manner deemed appropriate by Sponsor, in which case the change, alteration or modification will become effective immediately and will be incorporated into the Official Rules. Sponsor reserves the right to terminate the Contest by giving notice as deemed appropriate by Sponsor at its sole discretion, in which case the Contest will terminate immediately. Sponsor may give email notice of any such cancellation, suspension or termination of play, but shall not be obligated to do so. In the event the Contest is terminated, the prize will nevertheless be awarded as provided in these Official Rules. The Sponsor, all participating sponsors and any of their respective affiliates, members, managers, directors, officers, professional advisors, employees and agencies will not be responsible for: any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or any printing or typographical errors in any materials associated with the Contest.
14. INDEMNIFICATION: As a condition of participating in this Contest, you agree to release, indemnify and hold harmless the Released Parties from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contest or acceptance, possession, use, misuse or nonuse of the prize that may be awarded or for any injury or damage to your or any other person's computer or wireless device relating to or resulting from participation in these Contest or downloading any materials in the Contest, or inability to access any website or wireless service associated with this promotion, or any combination thereof.
You agree that the laws of the State of Florida will govern any and all disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your and Sponsor’s rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard for conflicts of law doctrine, and all proceedings shall take place in Key West, Florida. Participants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. Participants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to the Sponsor, the Contest or any other Participant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Contest. The Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest.
As a condition of participating in these Contest, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees.
15. WINNERS LIST: Copies of the winners list will be available to all Participants upon request March 30, 2017. A final winner(s) list may be requested immediately following and within three months of the close of the Contest. Participants who wish to receive a copy must submit a self-addressed stamped envelope to the Sponsor’s representative at the following address:
The Gates Hotel Key West and SCOUT Bag’s "Key West Giveaway" - Winners List
ATTN: Taylor Newsome
1821 Miccosukee Commons Dr.
Tallahassee, FL 32308
16. COPYRIGHT NOTICE: The Contest and all accompanying materials are copyright © 2017 The Gates Hotel Key West. All rights reserved.
17. CONTEST SPONSOR: The Sponsor of the Contest is SC Key West Owner VII, L.P. (dba The Gates Hotel Key West). Any questions about these Official Rules or the Contest should be directed via email to the Sponsor’s representative at [email protected] or in writing to the address below:
The Gates Hotel Key West and SCOUT Bag’s "Key West Giveaway" Questions
The Zimmerman Agency
ATTN: Taylor Newsome
1821 Miccosukee Commons Dr.
Tallahassee, FL 32308