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contest rules

DESTINATION DELIVERS SWEEPSTAKES OFFICIAL RULESNO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT DOES NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.

The Destination Delivers Sweepstakes (the “Promotion”) officially starts at 12:00 AM Pacific Time (“PT”) on February 1, 2010, and ends at 11:59 PM PT on May 31, 2010 (the “Promotion Period”).  Entries received prior or subsequent to such times will be invalid for this Promotion.  Pacific Time shall control for all purpose of this Promotion. 

PRIZES:  Major restrictions may apply to the use, availability, or receipt of a Prize (“Prize”). Winning a Prize is based solely on chance. The odds of winning a Prize depend on the number of eligible entries at the time of the drawing. The Promotion will award a total of four (4) Prizes, with one Prize awarded for each of the following months: February 2010, March 2010, April 2010, and May 2010. The total approximate retail value (“ARV”) of all four Prizes is $6,925.00. The monthly Prizes are as follows:

February’s “Winter Romance” Prize:
One (1) two-night stay at the Resort at Squaw Creek in Lake Tahoe, California, including breakfast for two in Six Peaks Grille, one (1) horse-drawn sleigh ride for two, and a private lesson for two (2) at the Resort at Squaw Creek Nordic Center, equipment rental for two (2) and two (2) trail passes. Advance hotel reservation required and based on availability. Blackout dates apply. Airfare not included. Valid through April 15, 2010. The ARV of the “Winter Romance” Prize is $975.00. On or about March 1, 2010, one person will be randomly selected from all eligible Destination Delivers members to win the “Winter Romance” Prize. To be eligible to win the “Winter Romance” Prize, you must be a Destination Delivers member as of 11:59 PM PT, February 28, 2010. Other restrictions apply, as set forth herein.

March’s “Ultimate Golf Getaway” Prize:
One (1) three-night stay for four in a two-bedroom resort villa at the Wild Dunes Resort in Charleston, South Carolina, including breakfast for four each morning at the Sean Island Grill, one (1) round of golf for four on the Links and Harbor courses (cart fee included) and one (1) one-hour private less for foursome with Wild Dunes Resort’s Director of Golf. Advance hotel reservation required and based on availability. Blackout dates apply. Airfare not included. Valid through May 20, 2010. The ARV of the “Ultimate Golf Getaway” Prize is $3,400. On or about April 1, 2010, one person will be randomly selected from all eligible Destination Delivers members to win the “Ultimate Golf Getaway” Prize. To be eligible to win the “Ultimate Golf Getaway” Prize, you must be a Destination Delivers member as of 11:59PM PT, March 31, 2010. Other restrictions apply, as set forth herein.

April’s “Happy Anniversary, Santa Fe” Prize:
One (1) four-night stay at the Inn and Spa at Loretto in Santa Fe, New Mexico, including one (1) $40 dining credit per stay to be used at Lumnaria Restaurant or The Living Room, one (1) $40 spa credit per stay to be used in The Spa at Loretto, daily resort fee, valet parking and one (1) handmade, limited edition piece of Jemez pottery valued at $300. Advance hotel reservation required and based on availability. Airfare not included. Valid through December 31, 2010. The ARV of the “Happy Anniversary, Santa Fe” Prize is $1,500.00. On or about May 1, 2010, one person will be randomly selected from all eligible Destination Delivers members to win the “Happy Anniversary, Santa Fe” Prize. To be eligible to win the “Happy Anniversary, Santa Fe” Prize, you must be a Destination Delivers member as of 11:59 PM PT, April 30, 2010. Other restrictions apply, as set forth herein.

May’s “ICONs of Houston” Prize:
One (1) two-night stay the Hotel ICON in Houston, Texas and two (2) Greater Houston Preservation Alliance walking tours, two (2) CityPasses, one (1) fitting and shirt from Hamilton Shirts, two (2) passes for the Second Saturday Buffalo Bayou Boat Rides, one (1) Claridge + King “His is Hers” shirt, and one (1) half-dozen CRAVE cupcakes delivered to your guestroom on day of arrival or pick-up at the Uptown Park store. Advance hotel reservation required and based on availability. Airfare not included. Walking tour calendar is subject to change and some tours are subject to weather and limited availability.  Attractions included in CityPass can be found at http://www.citypass.com/city/houston.html. Fabric choices for Hamilton Shirts vary by season, availability and store discretion. Hamilton Shirts may not be returned to an independent retailer. Second Saturday Buffalo Bayou Boat Rides are weather permitting, with children under 4 not permitted. Schedule can be found at http://www.buffalobayou.org/boattours.html. Claridge + King fabric color selection to vary. Forty-eight (48) hours advance notice required on CRAVE Cupcake order. Valid through December 31, 2010. The ARV of the “ICONs of Houston” Prize is $1,050.00. On or about June 1, 2010, one person will be randomly selected from all eligible Destination Delivers members to win the “ICONs of Houston” Prize. To be eligible to win the “ICONs of Houston” Prize, you must be a Destination Delivers member as of 11:59PM PT, May 31, 2009. Other restrictions apply, as set forth herein.

The Promotion is governed by these Official Rules and is subject to all U.S. Federal, state, and local laws and regulations, and provincial or territorial laws, and is void where prohibited by law.  By accepting a Prize you indicate a full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Promoter, whose decisions shall be binding and final in all respects, and certify that you are eligible to enter.  Receipt of any Prize is conditional upon the complete fulfillment and adherence to the terms of these Official Rules.

The Promotion is open only to natural persons who are legal residents of the 50 United States and the District of Columbia (excluding residents of Guam, Puerto Rico, and all other U.S. territories and possessions) who are at least 18 years of age or the age of majority in his/her state of residence at the time of entry, and a registered member (“Destination Delivers Member”) of the Destination Delivers website ( www.DestinationDelivers.com) (the “Website”).  Membership in Destination Delivers is free and without obligation, and is subject to the Website Terms & Conditions, which can be viewed at http://www.destinationdelivers.com/termsandconditions.html.  If you have special needs within the meaning of the Americans with Disabilities Act, and require assistance in order to participate in the Promotion, please call (303) 268-6871.  Officers, directors, investors, contractors, and employees of Destination Hotels & Resorts, Inc. (“Sponsor”), Rayndon & Associates, PLC, (“Rayndon Law Firm”), and Strategic Market Solutions, Inc. (“Promoter”), and their agents, affiliates, owners, subsidiaries, parent or successor companies, and any organization responsible for fulfilling, administering, advertising, or promoting the Promotion, and members of their immediate families and persons residing in the same household for at least three months a year, whether related or not, are not eligible, including the spouses, children, step-children, parents, siblings, or step-siblings of any persons not eligible pursuant to this paragraph.

All current Destination Delivers Members are automatically entered into the Promotion. If you do not wish to be automatically entered for being a Registered Member, you must e-mail bthomas@airmarketing.com, or mail Destination Delivers, c/o: Strategic Market Solutions, Inc. ATTN: Sweepstakes Dept./No Enter, 3419 East University Drive, Phoenix, Arizona 85034-7211 and instruct us not to enter you. Only one (1) entry per Destination Delivers Member is allowed.  All additional entries will be disallowed.  The Promoter and Sponsor are not responsible for lost, late, misdirected, or any other technical malfunction of any entry.  The Promoter and Sponsor are not responsible for incorrect or inaccurate entry information, whether caused by you providing incorrect or inaccurate information when becoming a Destination Delivers Member or when updating such information, or by any of the equipment or programming associated with or utilized in the Promotion or by any human error which may occur in the processing of the entries in this Promotion.  Any attempt to obtain more than one (1) entry by using multiple/different email addresses, identities, website registrations, logins, the use of any script, macro, or other robotic or automated means or devices, and/or any other fraudulent or deceptive methods will void all of your entries, you will be disqualified from the Promotion, and any Prizes won by you will be forfeited.  All entries will be deemed to have been made by the authorized account holder of the email address submitted by the Destination Delivers Member upon registration upon the Website.  In the event of a dispute regarding the identity of the person entered into the Promotion, the person in whose name the email account is registered shall be deemed the entrant.  Each potential winner may be required to show proof of being the authorized email account holder.  The “authorized account holder” is the natural person who is assigned to the email address by an internet access provider, on-line service provider, or other organization that is responsible for assigning email addresses, or the domain associated with the submitted email address. In the event a potential winner’s email address is assigned via a sub-account, the potential winner may be required to show proof of assignment to such email address from the authorized primary account holder as defined above.   

No Prize substitutions will be made at the request of a Prize winner. The Promoter and Sponsor reserve the right, however, to substitute a Prize of equal or greater value in the event the Prize cannot be awarded as described.  Prizes are not transferable. All currencies within these Official Rules are in U.S. dollars.

Winners of the Promotion will be notified by email only. If selected as a winner, a notification email will be sent to the current email address on record for the Destination Delivers Member approximately five (5) business days after the drawing.  If the potential winner fails to respond to such email within five (5) days of it being sent, such winner will be disqualified and an alternate winner will be randomly selected from the remaining eligible entries.  The Promoter and Sponsor are not responsible for notification failure due to inaccuracy in your email address or any other failure or problem of any kind related to notification.  If notification is returned as non-deliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules, the winner will be disqualified.  You are solely responsible for keeping your email address and other contact information current with the Website.

Except where prohibited by law, acceptance of a Prize constitutes permission for the Promoter and Sponsor to use your name, city and state of residence, photographs, picture, portrait or other likenesses, voice, testimonials, biographical information (in whole or in part), and/or statements regarding this Promotion for editorial, public relations, promotional, and advertising purposes in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, newspapers and other print media, radio, and television, without notice, review, or approval, on behalf of the Promoters and Sponsors and without compensation.  Winners may be required to provide their first and last names, complete home mailing addresses (no P.O. boxes), daytime telephone numbers (including area code), and dates of birth.  
Winners may be required to sign and have notarized Affidavits of Eligibility and Release of Liability, Publicity Releases, and any other legal documents which Sponsors may require, including a W-9 tax form, unless prohibited by law, within fourteen (14) days of receipt and prior to accepting the Prize.  Winners shall be responsible for all Prize expenses and taxes related to acceptance, including, but not limited to, all federal, state, and local taxes and all incidental expenses.  All expenses not specifically included in the Prize are winners’ sole responsibility.  Winners will be sent an IRS Federal 1099-MISC tax form for the retail value of the Prize they have won.  If a potential winner cannot be contacted, fails to claim Prize, fails to comply with all rules, fails to respond to the winner notification, or fails to fulfill the Affidavit-related obligations, the selected winner shall be disqualified, the Prize forfeited, and a new winner will be randomly selected from the remaining eligible Destination Delivers Members. 

By accepting a Prize, each winner agrees to release, discharge, indemnify, and agree to defend and hold harmless the Promoter, Sponsor, Rayndon Law Firm, their respective advertising and promotion agencies, and all of their respective parents, affiliates, subsidiaries, agencies, agents, and representatives, and all of their respective employees, officers, and directors from any and all claims, costs, injuries, losses, or damages of any kind (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light), arising out of or in connection with the Promotion or from winner’s acceptance, possession, use, or misuse of any Prize, or participation in the Promotion or any Promotion related activity.  In no event will the Promoter, the Sponsor, Rayndon Law Firm, or any of their affiliates, or their respective officers, directors, employees, representatives, and agents be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive, or other damages.  By participating in the Promotion you acknowledge that the Promoter, Sponsor, and Rayndon Law Firm have neither made nor are in any manner responsible or liable for any warranty, representations, or guarantees, express or implied, in fact or in law, relative to any Prize.

The Promoter reserves the right, in its sole and absolute discretion, to suspend or cancel this Promotion, or any portion thereof, should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, or technical failures) or any other causes corrupt the administration, security, or proper play of the Promotion, and select winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Promoter.  Any attempt by an entrant or any other individual to undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and should such an attempt be made, the Promoter reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law, including criminal prosecution.  The Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.  The Promoter reserves the right to disqualify anyone who violates the rules or interferes with this Promotion in any manner.

The Promoter and Sponsor are not responsible for any typographical or other error in the printing of this offer, administration of the Promotion, or in the announcement of  any Prizes, including such error as may give an erroneous indication that a Prize has been won.  In the event the Promoter or Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including but not limited to flood, fire, earthquake, epidemic, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Promoter’s or Sponsor’s control (each a “Force Majeure” event), the Promoter shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without notice or further obligation.  If the Promoter, in its discretion, elects to abbreviate the Promotion as a result of a Force Majeure event, the Promoter reserves the right, but shall have no obligation, to award the Prizes from among all valid and eligible entries received up to the time of such Force Majeure event. 

Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any Prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  By participating in the Promotion, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any and all entrants and/or the Promoter or Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without regard for conflicts of law doctrine, and all proceedings shall take place in the County of Maricopa, State of Arizona.  By entering the Promotion, you hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction you may have.

For a copy of these Official Rules and/or the identity of the winners, send a stamped, self-addressed envelope to: Destination Delivers, c/o: Strategic Market Solutions, Inc. ATTN: Sweepstakes Dept., 3419 East University Drive, Phoenix, Arizona 85034-7211 or by email to bthomas@airmarketing.com.

This Promotion is promoted by Strategic Market Solutions, Inc., 3419 East University Drive, Phoenix, Arizona 85034, and is sponsored by Destination Hotels & Resorts, Inc. 11777 San Vincente Boulevard, Suite 900, Los Angeles, California 90049.

 
 

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