Official Rules
Spontaneity Contest

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.

1. How to Enter

To enter the HotelTonight Spontaneity Contest (“Contest”), during the Contest Period, log onto www.hoteltonight.com/spontaneity-contest-2019 (“Site”), read the Official Rules and fully complete the entry form, including name, email address, city/state, zip code, and submit your essay (“Essay”) which explains your reason for needing a spontaneous winter getaway (“Theme”). All entrants must have a valid email address.

All entry information and Essays shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.

Limit one (1) Submission per person/email address. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be used in accordance with these Official Rules. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion.

Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites (i.e., Facebook, YouTube, Twitter etc.), for any legal purpose whatsoever, except where prohibited by law.

2. Start/End Dates

Contest begins at 12:00:01 am Eastern Time (“ET”) on November 21, 2019 and ends at 11:59:59 pm ET on December 4, 2019 (“Contest Period”).

3. Eligibility

Participation open only to legal residents of the fifty (50) United States or the District of Columbia who are at least 18 years old and the age of majority in their state of residence. Void outside of the 50 United States and the District of Columbia and where prohibited, taxed or restricted by law. Employees, officers and directors of Hotel Tonight, LLC (“Sponsor”) or its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of contest materials and immediate family members (i.e., parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Contest may only be entered in or from the 50 United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Contest if you are not a legal resident of the 50 United States or the District of Columbia. All federal, state and local laws and regulations apply.

4. Submission Guidelines and Content Restrictions

By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines
  • The Submission must not exceed 1000 characters in length (including spaces).
  • The Submission must be in English.
Content Restrictions
  • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Submission must not in any disparage Sponsor or any other person or party;
  • The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
  • The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.

Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.

Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

5. Judging Panel/Judging Criteria

All eligible Submissions will be judged by Sponsor on or around December 5, 2019 through December 9, 2019. All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) Creativity; and (b) Most persuasive in explaining why entrant needs a spontaneous winter getaway. In the event of a tie, the highest score in the Creativity category will determine the winner.

6. Prizes

Five (5) winners will each receive a trip valued at $10,000 to a U.S. destination to be selected in Sponsor’s sole discretion, including round trip, economy class airfare for winner and one guest; a 3-night hotel stay at a HotelTonight partner hotel; daily per diem for food/incidental costs; and admission to select activities to be determined by Sponsor prior to trip in Sponsor’s sole discretion. Travel will take place between January 6, 2020 and January 14, 2020.

Trip consists of a three (3) night trip for winner and a guest to a U.S. destination of Sponsor’s choosing. Trip includes round-trip economy airfare from major gateway airport nearest winner’s residence and double occupancy hotel accommodations. Taxes, meals, gratuities, incidentals, amenity fees, travel upgrades, or any other expenses not covered by the daily per diem or specifically listed herein are the responsibility of winner. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply. Winner must be able and willing to travel between January 6, 2020 and January 14, 2020, or prize will be forfeited and may be awarded to an alternate. If winner is considered a minor in his/her jurisdiction of residence, travel companion must be winner’s parent or legal guardian. Winner and guest must travel on the same itinerary and guest must sign travel release prior to ticketing. Guest must be of the age of majority unless the winner is travel companion’s parent or legal guardian. Winner and guest will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages, including but not limited to, any identification required for any travel and/or hotel accommodations. If in the judgment of Sponsor, air travel is not required due to Grand Prize winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates, belongings or luggage. Sponsor shall not obtain or provide insurance of any kind related to the prize or use of the prize. Winner is responsible for obtaining and paying for any form of insurance relating to the prize, including any life, travel, accident, property or other insurance relative to winner and guest’s use of the prize.

Hotel terms and conditions, expiration dates and blackout dates apply. Hotel accommodations are subject to availability and certain restrictions may apply. Standard cancellation policies of the participating hotel apply. Sponsor is not liable for delays, cancellation or unforeseen events related to any flights or hotel accommodations. Sponsor is not liable for any damaged or lost belongings or luggage. Sponsor is not liable for any property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance and/or use or misuse of the prize, including as a result of the trip prize (e.g., air transportation, airport transports, meals, and events or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy.

Total ARV of all prizes combined: $50,000 but actual value may vary depending on air flight fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of winners. Limit one prize per person or household.

7. Notification

Potential winners will be notified by email on or around December 11, 2019 and may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility and Liability/Publicity Release within five (5) calendar days of prize notification. If any potential winner cannot be contacted within three (3) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of a potential winner’s noncompliance with these Contest rules and requirements, such potential winner’s prize will be forfeited and an alternate winner will be selected from all remaining eligible entries (time-permitting). Upon prize forfeiture, no compensation will be given.

8. Conditions

All federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, its affiliates, partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Contest cannot take place or if the prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way, shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.

9. Additional Terms

In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest and/or any websites owned or operated by or associated with Sponsor or its affiliates, or this Contest Site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Limitation of Liability; Disclaimer of Warranties

IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND/OR USE OF THE SITE AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OWNED OR OPERATED BY OR ASSOCIATED WITH SPONSOR OR ITS AFFILIATES THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

11. Disputes; Governing Law

The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of California. The parties agree not to raise the defense of forum non conveniens.

12. Use of Data

Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.hoteltonight.com/terms-of-use/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

13. List of Winners

To obtain a list of winners, send a self-addressed, stamped envelope by December 30, 2019 to: HotelTonight winner’s list, ATTN: Brand Marketing, Hotel Tonight, LLC, 901 Market Street, Suite 310, San Francisco, CA 94103.

14. Sponsor

Hotel Tonight, LLC, 901 Market Street, Suite 310, San Francisco, CA 94103.

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Plan Less. Live More.