Extended Stay America’s
12 Days of Holiday Cheer $100 Giveaway
This promotion is a series of 12 separate sweepstakes drawings, from December 11, 2020 through December 23, 2020 (measured by EST), for a total of twelve (12) winners (each, a “Promotion Day”). The rules below apply to each separate day of the promotion:
1. ENTRY: Visit esa.com/cheer and enter your name and email address to be entered for a chance to be a winner in our 12 Days of Holiday Cheer Giveaway. No purchase necessary to enter or win. A purchase will not improve your chances of winning.
2. PRIZE DESCRIPTION: One (1) winner will receive a $100 Visa Gift Card each day December 11-23, 2020 (the “Promotion Period”), for a total of twelve (12) winners.
Prize value total per winner: ARV $100 USD. Each prize is non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute prize for one of comparable value if the advertised prize becomes unavailable. Any prize is awarded "AS IS" and is subject to the terms, conditions, and limitations of the supplier and issuer. Neither Sponsor nor any other promotion entity makes any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. Prize suppliers are not affiliated with this promotion.
3. ELIGIBILITY: This contest is open only to legal U.S. residents (including the District of Columbia), over the age of 21. Void where prohibited by law. Contestants residing in those areas where the contest is void may participate in the contest but may not win any prizes. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of ESA Management, LLC (referred to hereafter as (“Sponsor” or “Extended Stay America”), and each of their affiliates, subsidiaries, and divisions are not eligible to enter.
4. GIVEAWAY TIMING: Each Promotion Day begins at 1:30 pm EST on and ends at 11:59pm EST on the same day.
5. HOW TO ENTER: Extended Stay America will post a “$100 Giveaway” post on our Facebook page (https://www.facebook.com/ExtendedStayAmerica/) and Twitter Page (https://twitter.com/ExtendedStay) on Friday, December 11, 2020. Individuals are to click the link in the post, which will direct them to our $100 Giveaway sign-up page. Individuals must provide their full name and email address to be entered to win. Individuals can enter once per email address every calendar day (measured by EST) of the Giveaway. Previous entries do not carry over to subsequent Promotion Days, if any.
6. WINNER SELECTION: All eligible entries timely received will be exported to a database daily where a random number generator will be used to select the winner for that day. One (1) winner will be selected every Promotion Day during the Promotion Period.
7. WINNER NOTIFICATION: Each winner will be contacted by email by end of day the following day, beginning December 12, 2020. Sponsor will contact the winner with further instructions for claiming the prize at this time. The winner must follow the provided instructions to claim the prize within seven days of being notified. Inability to contact a winner within seven days may result in disqualification and selection of an alternate winner. Winner must sign and deliver to Sponsor its forms of Affidavit of Eligibility and Liability/Publicity Release.
8. BY ENTERTING THE GIVEAWAY, participants (“participants” or “entrants”) release and hold harmless Sponsor, Facebook, Twitter and Visa and their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Giveaway or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Giveaway. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the Giveaway are solely the responsibility of the respective prize winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
11. NOT ENDORSED BY FACEBOOK, TWITTER OR VISA: By participating in this contest, you acknowledge that this contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Visa and release Facebook, Twitter and Visa from any and all liability arising from or related to this contest. The information you are providing for this contest is being provided to Extended Stay America and not to Facebook, Twitter or Visa. You further acknowledge that this information will be used to notify you if you have won, automatically enter you into the rewards program, and to provide winner list information.
12. CONDUCT: All contest participants agree to be bound by these Official Rules. Extended Stay America in its sole discretion reserves the right to disqualify any person it finds to be tampering with the entry process, the operation of its web site or is otherwise in violation of these rules.
13. LIMITATIONS OF LIABILITY: Extended Stay America is not responsible for late, lost or misdirected email or for any computer, online, telephone or technical malfunctions that may occur. If for any reason, the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, Extended Stay America may cancel, terminate, modify or suspend the contest. Entrants further agree to release Extended Stay America from any liability resulting from, or related to participation in the contest.
By participating in this Giveaway, entrants agree to release and hold harmless the Extended Stay America, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assignees, as well as Facebook, Twitter and Visa from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Giveaway and/or acceptance, receipt, possession or use/misuse of any prize. By entering, entrants also authorize the Extended Stay America and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material without compensation to the extent permitted by law.
Extended Stay America is not responsible for failed, partial or garbled computer transmissions, for technical failures of any kind affecting the Giveaway in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software. The foregoing also includes any malfunction/error/failure deemed by Extended Stay America in its sole discretion to impact the availability or accessibility of submissions by entrants or the transmission or receipt of winner notifications. If for any reason the Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Extended Stay America’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway (including entries or otherwise), Extended Stay America reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the Giveaway, who tampers with the entry process and to terminate, modify or suspend the Giveaway. In such event, Sponsor reserves the right to conduct the Giveaway and select prize winners for affected Giveaway Period by means of a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Extended Stay America for affected Giveaway Period or otherwise in a manner which is fair, appropriate and consistent with these Official Rules as determined by Extended Stay America in its sole discretion. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment or software, or failure of any email or electronic entry or participation to be received due to technical problems or traffic congestion on the Internet or at any website/platform, or any combination thereof, including any injury or damage to any person's computer or wireless mobile device related to or resulting from participation in or downloading any materials from this Giveaway. People entering the Giveaway further agree not to knowingly damage or cause interruption of the Giveaway and/or prevent others from participating in the Giveaway.
14. DISPUTES: To the fullest extent permitted by law, entrant agrees that: (1) Any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the awarding of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of North Carolina or an appropriate North Carolina State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant and Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
15. 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.
16. WINNER’S LIST: To obtain the identity of the winner of any particular Promotion Day, Official Rules, send a self-addressed, stamped envelope after Wednesday, December 23, 2020 but before Saturday, January 2, 2021 to: Extended Stay America, Attention: Social Media Team [Date of Inquiry], 11525 North Community House Road, Suite 100, Charlotte, North Carolina, 28277.
17. SPONSOR: Extended Stay America, c/o ESA Management, 11525 North Community House Road, Suite 100, Charlotte, North Carolina, 28277.