Extended Stay America’s
25 Days of Holiday Cheer $100 Giveaways
Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS PROMOTION AND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ENTRY: Visit www.esa.com/Santa (the “Site”) and enter your name and email address to be entered for a chance to be a winner in our Just Be-Claus Sweepstakes (the “Promotion”). To visit the Site, you may also follow the link provided in the post on Sponsor’s Facebook page (https://www.facebook.com/ExtendedStayAmerica/) on or around Monday, November 5, 2018. Upon submission and Sponsor’s full receipt of entry, you will receive one (1) entry in the Promotion. No purchase necessary to enter or win. A purchase will not improve your chances of winning. All entries must be received during the Promotion Period. Eligible individuals can enter once per person/email address every calendar day of the Promotion Period (an “Entry Day,” which is measured by Eastern Standard Time), for a maximum of 12 potential entries per person/email address for the Promotion.
2. PRIZE DESCRIPTION: Each of the 100 verified winners will receive a Free Holiday Moments Photo Package Gift Certificate, a 50% off Shutterfly coupon, and a personalized call from Santa. Approximate prize value total per winner: $49.99. Odds of winning depend on the number of eligible entries received. Limit of one (1) prize per person/email address. Prize details and selection are made by Sponsor in its sole discretion. Personalized call will be made at a time selected by Sponsor and/or call provider and is not subject to scheduling by winner. All prizes are subject to the terms and conditions of the issuer or supplier.
3. ELIGIBILITY: This Promotion is open only to legal residents of the fifty United States and the District of Columbia, who are at least the age of 21. Void where prohibited by law. Contestants residing in those areas where the Promotion is void or otherwise unavailable may participate in the Promotion 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 those of its affiliates, subsidiaries, and divisions are not eligible to enter.
4. GIVEAWAY TIMING: The Promotion begins at 12:00 Noon EST on Monday, November 5, 2018, and ends at 12:00 Noon EST on Friday, November 16, 2018 (the “Promotion Period”).
5. 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 winners. 100 winners will be randomly selected from all eligible entries received throughout the Promotion Period on or about Friday, November 16, 2018.
6. WINNER NOTIFICATION: Each potential winner will be contacted by email on or around Friday, November 23, 2018. Sponsor will contact the winner with further instructions for claiming the prize at this time. The potential 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. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not timely respond after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
7. RELEASE. By entering the Promotion, participants release and hold harmless Sponsor, Facebook, Twitter, and Cherry Hill Programs 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 Promotion or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Promotion or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. 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 Promotion 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.
8. ENTRANT’S PERSONAL INFORMATION: By entering this Promotion or submitting any contact information in connection with this Promotion (whether or not required), individuals consent and permit Sponsor to add them automatically to Sponsor’s customer database, to contact entrant in the future for promotional and other reasons, to be entered into our Extended Perks rewards program, and to send them special deals via email. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy located at https://www.extendedstayamerica.com/privacy/default.html or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). Acceptance of any prize and/or entering the Promotion constitutes permission to the Sponsor to use winners’ name, voice, statements, image, and likeness for purposes of advertising and trade, in any medium, without further compensation or notice, unless prohibited by law. By entering, entrants also authorize 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.
9. NOT ENDORSED BY FACEBOOK, TWITTER, OR CHERRY HILL PROGRAMS: By participating in this Promotion, you acknowledge that this Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Cherry Hill Programs and release Facebook, Twitter and Cherry Hill Programs from any and all liability arising from or related to this Promotion. The information you are providing for this Promotion is being provided to Extended Stay America and not to Facebook, Twitter, or Cherry Hill Programs.
10. CONDUCT: All 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.
11. 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 Promotion 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 Promotion. Entrants further agree to release Extended Stay America from any liability resulting from, or related to participation in the Promotion.
By participating in this Promotion, entrants agree to release and hold harmless 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 Cherry Hill Programs from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, receipt, possession or use/misuse of any prize.
Extended Stay America is not responsible for failed, partial or garbled computer transmissions, for technical failures of any kind affecting the Promotion 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 Promotion 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 Promotion (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 Promotion, who tampers with the entry process and to terminate, modify or suspend the Promotion. In such event, Sponsor reserves the right to conduct the Promotion and select prize winners for affected Promotion 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 Promotion 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 Promotion. People entering the Promotion further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion.
12. 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 Promotion 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 Promotion, but in no event attorneys' fees; (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 Promotion 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.
13. 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.
14. WINNER’S LIST: To obtain the identity of the winner, Official Rules, send a self-addressed, stamped envelope after Friday, November 16, 2018 but before Sunday, December 16, 2018 to: Extended Stay America, Attention: Social Media Team, 11525 North Community House Road, Suite 100, Charlotte, North Carolina, 28277. Requests must reference “25 Days of Holiday Cheer $100 Giveaways.” All requests must be received by December 16, 2018.
15. SPONSOR: Extended Stay America, c/o ESA Management, 11525 North Community House Road, Suite 100, Charlotte, North Carolina, 28277.