“A Pure Michigan Love So Grand” Mackinac Island Grand Hotel Giveaway Contest Official Rules. Sponsored by Michigan Economic Development Corporation. (“MEDC” or “Sponsor”). The MEDC “A Pure Michigan Love So Grand” (the “Contest”) begins on Monday, April 14, 2014 at 9:00 a.m. Eastern Time (“ET”) and ends on Sunday, April 30, 2014 at 11:59 p.m. ET (the “Contest Period”).
NO PURCHASE NECESSARY TO ENTER OR WIN. NO ENTRY FEE. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA
ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. CONTEST: The entry period for the Contest begins at 9 a.m. ET on Monday, April 14, 2014 and ends at 11:59 p.m. ET on Sunday, April 23, 2014 (the “Contest Entry Period”). During this period, the public may submit their written text. The voting period for the Contest begins at 9 a.m. ET on Wednesday, April 24, 2013 and ends at 11:59 p.m. ET on Wednesday, April 30, 2014 (the “Contest Voting Period”). During this period, the public may vote on the written text entries (defined below) posted on the Pure Michigan Facebook Page, Grand Hotel Facebook Page, or michigan.org (defined below). On or around Monday, May 5, 2014, Sponsor will determine and announce winner of the Contest, and the prize will be awarded in accordance with these Official Rules (the “Official Rules”).
2. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You agree that submission of a Text Entry in the Contest constitutes agreement to these Official Rules. You may not submit a Text Entry to the Contest and are not eligible to receive the prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and MEDC with respect to the Contest.
3. ELIGIBILITY: The Contest is open only to legal residents of any of the fifty (50) states of the United States and the District of Columbia (excluding Puerto Rico and U.S. territories) who, as of the date of entry, are 18 years of age or older and have internet access. Employees of Sponsor and its respective affiliates, subsidiaries, advertising agencies, promotion, fulfillment and other coordinating agencies, and the immediate family members and/or household members of any such persons or entities are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations and void where prohibited or restricted by law.
4. HOW TO ENTER: During the Contest Entry Period, you may enter the Contest by uploading before the end of the Contest Entry Period: (a) 1,000 characters (max) of original written text that expresses a passion and appreciation for the beauty of Pure Michigan and/or a desire to experience it via any of the following three methods: (1) visit the Pure Michigan Facebook page, accessible at http://www.facebook.com/PureMichigan (the “Pure Michigan Facebook Page”). (a) “Like” the Pure Michigan Facebook Page or (b) click on the “Contests” tab on the Pure Michigan Facebook Page; and (c) follow the instructions that appear to complete an entry form and insert your text. (2) visit Grand Hotel’s Facebook page, accessible at http://www.facebook.com/GrandHotel (“Grand Hotel Facebook Page”). (a) “Like” Grand Hotel’s Facebook Page (b) click on the “Contests” tab on Grand Hotel’s Facebook Page; and (c) follow the instructions that appear to complete an entry form and insert your text. (3) Visit michigan.org and follow the instructions that appear to complete an entry form and insert your text. Each entry is referred to as entry (“Entry”). Each Entry must meet the “Entry Requirements” described below. All Entries must be successfully submitted during the Contest Entry Period to be eligible for the Contest. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. There is a limit of one Entry per entrant by any method of entry. Entrants violating any of these Official Rules may be disqualified.
5. ENTRY REQUIREMENTS: Entrant’s Entry must be original, of entrant's own creation, and must not have been entered in any other competition or promotion, including other competitions or promotions conducted by Sponsor. Any Entry that, in Sponsor’s sole and absolute discretion (i) is obscene, profane, lewd or defamatory; (ii) includes anti-social content, a commercial solicitation or promotional materials, or address, phone number, or URL address; (iii) does not meet the requirements outlined in these Official Rules or on the Pure Michigan Facebook Page; (iv) includes branded items; (v) is not in keeping with Sponsor’s image, or (vi) is otherwise objectionable, may not be considered and may be disqualified. All Text Entries become the property of Sponsor upon submission and will not be acknowledged or returned. Entrant represents and warrants that entrant’s Entry (i) is original, of entrant's own creation, (ii) has not been entered in any other competition or promotion, including other competitions or promotions conducted by Sponsor, and (iii) does not violate the intellectual property or proprietary rights of other parties. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor or any other person on the grounds that any use of any Text Entry as provided herein, infringes any of entrant’s rights as the creator of the Text Entry as provided herein including, without limitation, trademark rights, copyrights and moral rights or “droit moral”. By submitting a Entry, entrant hereby grants Sponsor and its affiliates, subsidiaries, successors, assigns, licensees, sub-licensees, agents and representatives an irrevocable, worldwide, royalty-free, unrestricted, perpetual sub-licensable (through multiple tiers) and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Entry or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on the Pure Michigan Facebook Page, other websites owned or controlled by Sponsor, its affiliates or anyone acting on Sponsor’s authority, and in Sponsor’s e-mails, Facebook, Twitter or Instagram communications), for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Sponsor’s reasonable request. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.
6. WINNER SELECTION: All eligible Entries will be featured on the Pure Michigan Facebook Page, Grand Hotel Facebook Page and michigan.org, regardless of the method of Entry submission used by the entrant. Sponsor, in its sole discretion, reserves the right at any time not to post, or to remove, any Entry that fails to comply with these Official Rules. During the Voting Period, people will be given the opportunity to vote on eligible Text Entries. Anyone may vote, and an entrant may vote on his/her own Text Entry; provided, however that in order to vote, visitors must first have or create a Facebook account. Voters may vote for multiple entries; however, only one (1) vote per person (meaning one vote per Facebook account) will be allowed per entry, per day during the Voting Period. Multiple votes cast for the same entry by the same person on the same day will be determined and disallowed in Sponsor’s sole discretion. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to the public, as determined by Sponsor in its sole and absolute discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor encourages voters to judge using the Judging Criteria for winning set forth in these Official Rules. The ten (10) Entries with the highest number of votes at the end of the last day of the Voting Period (the “Top 10”) will be judged by a panel of Sponsor’s employees according to the following criteria: representation of Pure Michigan, quality, personality (the “Judging Criteria”). One (1) entry will be selected from the Top 10 for the prize described in section 8 below. Decisions of the Sponsor will be final. Potential prize winners must meet all eligibility requirements and fully comply with these Official Rules. Sponsor's decisions as to numbers of votes for each Entry (after excluding, in its discretion, any ineligible votes or other votes not compliant with these Official Rules) are final.
7. WINNER NOTIFICATION: The potential prize winner will be notified by Sponsor via e-mail, as applicable and in the Sponsor’s sole discretion. Except where prohibited by law, the winner may be required to sign and return an affidavit of eligibility and publicity/liability release within twenty four (24) hours of notification and provide any additional information that may be required by Sponsor. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address connected with the Facebook account from which the entry was sent. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Selection and notification of winners will be made no later than Monday, May 5, 2014 by 11:59 p.m. ET.
8. PRIZES AND ODDS OF WINNING: The prize to be awarded from the Contest is described below. Odds of winning depend on the number of eligible entries received: (a) Grand Prize: One (1) winner will be selected by Sponsor according to the judging criteria described above and will receive a 2-night stay at the Grand Hotel on Mackinac Island for two people including breakfast and dinner daily, and 18 holes of golf on The Jewel (estimated value of $1200). Winner is responsible for applicable air travel, transportation, taxes and incidental expenses. Package is based upon double-occupancy and is subject to hotel availability, black-out dates, and excludes special events. If the winner is unable to use the Grand Prize, no compensation or substitution will be provided in lieu thereof.
9. GENERAL RULES: The Contest is offered by Michigan Economic Development Corporation, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Contest, entrants further agree to waive, release, indemnify, defend and hold harmless Sponsor and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and Contest agencies, and assigns, and any other organizations related to the Contest, including, but not limited to, Facebook, Twitter and Instagram (together, the “Released Parties”), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Contest, or in any prize-related activity, including, without limitation, any (i) condition caused by events beyond Sponsor’s control that may cause the Contest to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest, (iii) printing or typographical errors in any materials associated with the Contest, (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, or (v) infringement of any intellectual property rights or proprietary rights of other parties. IN NO EVENT WILL SPONSOR BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. ADDITIONAL CONDITIONS: Except where prohibited, by winning any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to winner for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s Pure Michigan Travel Guide magazine, newsletters, the Pure Michigan Facebook Page and Sponsor’s homepage at www.michigan.org, without additional compensation. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Contest or the Pure Michigan Facebook Page; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to 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. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in the Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of Michigan, excluding rules governing choice of laws.
11. LAWSUITS: Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in the state or federal courts located in Michigan.
13. SPONSOR: The Sponsor of the Contest is Michigan Economic Development Corporation, 300 North Washington Square, Lansing, Michigan 48913.
14. DISCLAIMER: The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating in the Contest, you acknowledge and agree that you are providing your entry information to Sponsor, and not to Facebook.
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