VIRTUAL DINNER PARTY OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE PROMOTION AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ELIGIBILITY: The #MissingHOU: Virtual Dinner Party Contest (the “Contest”) is open to individuals who, as of the entry date, are legal residents of Texas (the “Promotion Area”); at least eighteen (18) years of age; and have valid email address. Additionally, to participate in the Contest, entrants must have an Instagram, Facebook or Twitter account open to the public (i.e., an account where anyone can subscribe to your photos). There is no cost to register for an such an account. Entrants are eligible to win one prize only from Sponsor during any six-month period. Employees, officers and directors of Houston First Corporation and Greater Houston Convention & Visitor’s Bureau, including their respective parent, affiliates or subsidiary entities (collectively, the “Parties”) or their immediate family members (i.e., their spouse, parents, stepparents, children, stepchildren, siblings, and grandparents, regardless of where they reside), or individuals living in the same household as such individuals, regardless of relation, are not eligible to enter or win this Contest.
SPONSOR: Houston First Corporation, 701 Avenida de las Americas, Ste. 200, Houston, Texas 77010. This Contest is in no way sponsored, endorsed or administered by Facebook, Twitter, Instagram, or American Express.
PROMOTION PERIOD: The Contest begins on April 9, 2020 at approximately 9:00 a.m. CST and will end on May 8, 2020 at approximately 5:00 p.m. CST (the “Promotion Period”). Sponsor’s computer shall be the official timekeeper for purposes of the Contest.
CONTENT REQUIREMENTS: Entrants who upload a photographic image of their virtual dinner party in the manner described above represent and warrant to the Parties that their Image (i) is an original work, created solely by the entrant, over which entrant has all necessary rights, title and interest, including copyright; (ii) does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third parties; (iii) does not use, and is not confusingly or deceptively similar to, brands, trade names, trademarks or logos of any third parties; (iv) is suitable for the purposes of this Contest and appropriate for family audiences; and (v) has not been published previously or submitted in any other contest, sweepstakes or competition.
GRANT OF LICENSE: By entering this Contest, entrant grants HFC an irrevocable, royalty-free, non-exclusive license to use, broadcast, publish, display, reproduce, modify, edit, or otherwise exploit their social media post and any Image, in whole or in part, in any form, media or medium, whether now know or later developed, in perpetuity throughout the universe, for any purpose arising out of or related to the advertisement or promotion of this Contest, the Visit Houston website and social media channels, or the promotion of Houston in any manner. Entrant irrevocably waives any moral rights in and to their Image.
PRIZES: Subject to the terms and conditions of these Official Rules, one entrant of this Contest each week during the Promotion Period (i.e., every Friday to Thursday period) will be randomly selected and awarded a $100 American Express gift card. Sponsor is not responsible for any costs or fees incurred by prize winners due to acceptance or use of their prize. Prize winners shall be solely responsible for reporting and payment of any federal, state and/or local income taxes incurred in association with acceptance of their prize. Prizes are non-transferrable and must be accepted as awarded on as “AS IS” basis, with no warranty, representation or guarantee, express or implied, made by Sponsor or for which Sponsor shall be liable. SPONSOR DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution shall be made, except by Sponsor, who reserves the right to substitute a prize with another prize (or component thereof, including cash) of equal or greater value if a prize is not available for any reason, as determined by Sponsor in its sole discretion. Each prize winner, by acceptance of their prize, grants to the Parties the right to publicize such winner’s name, city and state of residence, statements and/or likeness and prize information for advertising, promotional, trade, and/or any other purpose in any media or format now known or hereafter devised, in perpetuity throughout the universe, without limitation and without further compensation, consideration, permission, or notification to such prize winner.
NOTIFICATION: The potential prize winners will be notified via the email address submitted at the time of entry (the “Notification”) with instructions to contact a Sponsor representative within forty-eight (48) hours from the time of the Notification. Receipt of prize is contingent upon compliance with these Official Rules and, at the option of the Parties, completion and return of an Eligibility Certification and Release of Liability by the potential prize winner. If a potential prize winner does not timely respond to the Notification, fails to complete and return any required document hereunder, fails to comply with these Official Rules, or declines the prize for any reason, then a disqualification shall result, such prize shall be forfeited and, at the sole option of Sponsor, an alternate potential prize winner may be selected randomly from among all remaining eligible entries.
LIMITATION OF LIABILITY: Sponsor is not responsible for entries that are late, incomplete, illegible, corrupted, stolen, lost, or misdirected due to human or computer error. Sponsor is not responsible for printing or typographical errors in any Contest materials. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, malicious code, unauthorized intervention, fraud, technical difficulties, or failures or any other kind or type beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. In such event, Sponsor reserves the right, in its sole discretion, to award the prize, randomly, from among eligible, non-suspect entries received up to the time of such tampering or failure.
RELEASE AND INDEMNIFICATION: BY ENTERING THIS CONTEST, EACH ENTRANT AGREES TO AND SHALL, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PARTIES, INCLUDING THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES RELATED TO ANY ACTUAL OR ALLEGED INJURY, DEATH, DAMAGE, OR OTHER LOSS TO PERSONS OR PROPERTY ARISING OUT OF OR SUSTAINED, DIRECTLY OR INDIRECTLY, DUE IN WHOLE OR IN PART TO PARTICIPATION IN THIS CONTEST AND/OR THE ACCEPTANCE, RECEIPT, USE, OR MISUSE OF ANY PRIZE. FURTHER, ENTRANTS AGREE TO AND SHALL RELEASE AND FOREVER DISCHARGE INSTAGRAM, INC., INCLUDING ITS RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES, FROM ANY ACTUAL OR ALLEGED LIABILITY ARISING OUT OF THIS CONTEST. Entrants acknowledge and agree that the foregoing release and indemnification obligations shall survive the expiration of the Promotion Period.
DISPUTES: Entrant agrees that any and all disputes, claims, demands, and causes of action arising out of or sustained in connection with this Contest, or any prize awarded thereunder, shall be resolved individually, without resort to any form of class action; any and all judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees; and under no circumstances will entrant be permitted to obtain (and entrant hereby waives all rights to assert or claim) awards for punitive, incidental or consequential damages. All issues and questions concerning the validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to any conflict of law provisions. Litigation in connection with this Agreement shall be in a court of competent jurisdiction in Harris County, Texas.
CONSTRUCTION: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If a provision is determined to be invalid, illegal or otherwise unenforceable, then these Official Rules shall be construed in accordance with their terms as if such provision were not contained herein. In the event of any discrepancy or inconsistency between disclosures or statements contained in any broadcast or publication (in any form, media or medium) related to this Contest, these Official Rules shall control, govern and prevail. These Official Rules cannot be modified or amended in any way except in a written document issued by Sponsor in accordance with applicable law.
ACCEPTANCE OF OFFICIAL RULES: By entering, each entrant fully, irrevocably and unconditionally accepts and agrees to be bound by these Official Rules and the decisions of Sponsor (including, by way of example and not limitation, decisions regarding eligibility of entries and entrants, the selection of winners, and the awarding of prizes), which shall be final and binding in all respects.
WINNER’S LIST/OFFICIAL RULES: To obtain the names of the prize winners for this Contest (available after the last date of the Promotion Period) or a copy of these Official Rules, send a self-addressed, stamped envelope, postmarked no later one calendar month after the last date of the Promotion Period to: Houston First Corporation, 701 Avenida de las Americas, Ste. 200, Houston TX 77010. Please specify “Winner’s List” or “Official Rules” on the outer envelope. Do not send entries by mail to this address.
NATURE OF SPONSOR’S BUSINESS: Promotion of conventions, meetings, tourism, and special events in Houston, Texas and surrounding region.