- WHO MAY ENTER
- HOW TO ENTER
Each eligible guest will receive an email notification with a unique link to a website that allows him or her to participate in the Contest.
Each entry must comply with the following requirements (the “Photograph Requirements”):
- Photographs must be in digital format (e.g. JPG, PNG). Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest.
- Photograph(s) must be of satisfactory quality (i.e. brightness, focus etc.). Any photograph submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion. Your photograph must have been taken by you and must be based on your own genuine experience.
- Photographs must have been taken during your recent stay at Hotel or within the general area of the resort and the entrant may not previously have won an award in any photo contest.
- Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided that entrants must be prepared to provide a release form as described below in “Release”. When photographing the work of others, it must be as an object in its environment and not a full-frame close up of another person’s art.
- The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.
- Photograph(s) submitted MUST NOT exceed 10 MB in size or include watermarks, which are not acceptable and will result in disqualification of the photo.
- Photograph(s) MUST NOT have previously been published, released or distributed in a commercial context, and MUST NOT have previously won any award or photo contest.
- The photograph must not, in the sole and unfettered discretion of Hotel, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
- Watermarks are not acceptable and will result in disqualification of the photo.
- Photograph(s) must be the entrant’s original idea (modification of an original work is not an original idea); photograph(s) MUST NOT copy or otherwise plagiarize from any source.
- Photograph(s) MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement. Without limiting the foregoing, entry submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, books, articles, music, etc. or identifying descriptions of any media property, except those of Sponsor.
Sponsor reserves the right to verify all facts. Failure to be able to validate the authenticity of your entry when requested may result in disqualification. Any photo submission must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe the copyrights, trademarks, moral rights, privacy, publicity, intellectual property rights, or other personal or proprietary rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph. By submitting an entry, entrant further warrants and represents that he or she has secured the requisite consent from any third party referenced in the entry. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains infringing, obscene, offensive or inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.
Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of those entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Entries will not be acknowledged or returned. All entries must be received by the end of the Entry Period. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, on-working, or inactive email address will be disqualified and ineligible to win. Sponsor is not responsible for any changes or effects caused to your computer system or video equipment as a result of submitting an entry.
Usage Rights in Entries: Hotel, its designees and assignees shall have the unrestricted and non-exclusive right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use any or all entry materials, alone or in combination with other material including but not limited to essays, photos and/or videos in any and all media, whether now known or later discovered, in perpetuity, without restriction of any kind whatsoever, without further compensation to the entrant or anyone else. Without limiting the foregoing, entries may be posted on the Page (defined below) for public viewing and voting in each Contest. Sponsor reserves the right to review any entry prior to any such posting, to remove any entry at any time after posting, and to remove any incidental material that could be deemed infringing where doing so would not materially alter the entry and where the entrant otherwise clearly intended to comply with these Official Rules, as determined by Sponsor. No guarantee is made that any particular entry will or will not be posted or as to the length of time between submission and posting. Sponsor reserves the right, in its absolute discretion, to determine if any particular entry is appropriate for posting. All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entry constitutes permission for Sponsor and its designees to use winner’s name, biographical information, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, for internal, advertising, Contest and other purposes without additional compensation, notification or permission, unless prohibited by law. Potential finalists and/or winners may be required to assign all rights in entry to Sponsor without additional compensation.
The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received within the Contest(s) deadline(s). Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Hotel reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
- PHOTOS WITH PEOPLE IN THEM
Photos with people in them may or may not be accepted into the Contest(s) if they are personally recognizable to the Judges.
- CONTEST PRIZES (PER CONTEST)
First Prize: One First prize will be awarded to the top photo story as chosen by the judge’s panel. The First Prize will consist of:
- 2 Nights in the Bora Bora Suite at Tahiti Village + 2 Tickets to the Luau
Restrictions and blackout dates apply. Management reserves all rights.
Terms & Conditions Apply. Visit tahitivillage.com/flip-to to see the contest rules. Luau tickets have no cash value and change will not be given in the event face amount of room or tickets are not used.
Total First Prize Approximate Retail Value: Approximately $800
Second Prize: One Second prize will be awarded to the top photo story as chosen by the judge’s panel. The Second Prize will consist of:
- 2 Nights at Tahiti Village in a Bora Bora Suite
Restrictions and blackout dates apply. Management reserves all rights.
Total Second Prize Approximate Retail Value: Approximately $600
Third Prize: One Third prize will be awarded to the top photo story as chosen by the judge’s panel. The Third Prize will consist of:
(1) 1 Night at Tahiti Village in a Bora Bora Suite
Restrictions and blackout dates apply. Management reserves all rights.
Total Third Prize Approximate Retail Value: Approximately $300
Prizes are non-transferable, not redeemable for cash, and void after expiration date. Not applicable to group bookings or existing reservations.
No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, Hotel, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law.
Statement of winning odds: These are skill-based Contests where three prize(s) will be awarded out of total number of entries received for each Contest and chance plays no part in the determination of winners.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
Prize Restrictions: Some restrictions and blackout dates may apply. Prize is based upon availability, non-transferable, and not redeemable for cash. Limit one (1) prize per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in each Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
General Conditions: The Contests are governed by the laws of Nevada. Void where prohibited by law. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All submitted photos will be reviewed by a member of the Hotel staff to qualify which photos advance as finalists in the competition. Submissions that earn a higher number of points will have better odds of winning, but the winning submissions will ultimately be chosen by a member of the Hotel staff at their sole discretion. Voting ends at approximately midnight UTC (Coordinated Universal Time) at the beginning of the final day of the relevant Contest Voting Period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points will not determine the final winners chosen.
Eligible entries for each Contest will then be posted on the Hotel’s Flip.to webpage (the “Page”) for voting, in which members of the public who receive an invitation to vote will have the opportunity to cast votes for their favorite entry (“eligible voters”). See Voting Rules below. At the conclusion of the Contest Voting Period, entries will be judged by a panel of judges, applying the following criteria (“Judging Criteria”): (i) originality (ii) appropriateness to theme (iii) quality of expression and (iv) public voting results. The decisions of the judges are final and binding on all matters.
- LIMITATION OF LIABILITY
Release of Liability: By entering the Contest, entrant agrees to hold Sponsor (the Hotel), and the Hotel’s developer (i.e., The ASNY Company, LLC dba Somerpointe Resorts), and their respective parent, affiliate and subsidiary companies, franchisees, consultants, website providers, legal counsel, fulfillment and marketing, public relations, promotional and advertising and Contest agencies and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) harmless by entrants against any liability for injuries, losses or damages of any kind to persons, including personal injury or death, or property caused or resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in any of the Contests, any Contest-related activity, or by acceptance or use of a prize (including any travel or activity-related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contests, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contests, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any photo or essay or in any Contest-related materials. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to Acts of God, acts of war, natural disasters, weather, or terrorism. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contests. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in the Contests or downloading materials from or use of the Page or any web site. Persons who tamper with or abuse any aspect of the Contests or Web site, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. By participating in any of the Contests, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with the Contests or the downloading from and/or printing material downloaded from such site.
By participating, you further agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contests, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contests, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contests, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- CONDITIONS THESE CONTESTS ARE VOID WHERE PROHIBITED. Entrants agree that these Contests shall be subject to and governed by the laws of Nevada and the forum for any dispute shall be in the state of Nevada. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with these Contests are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if Hotel determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft or uses copyrighted material belonging to anyone other than the entrant.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contests; and (c) that Hotel may use the winning photographs and each Entrant’s name, photograph, likeness, personal data (see number 11 below) and/or voice in any publicity or advertising relating to the Contests or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the “Contest Prizes” Rules above, or refuses the prize, the prize will be forfeited and Hotel, in its sole discretion, may choose whether to award the prize to another entrant.
Hotel reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry and/or voting process. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding these Contests, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contests; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contests; (4) technical or human error which may occur in the administration of the Contests or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contests or receipt or use or misuse of any prize. If, for any reason, a particular Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of the Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
- RIGHT TO CANCEL OR SUSPEND CONTESTS
If for any reason a particular Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Hotel that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Hotel reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Hotel elects to cancel or terminate the Contest, Hotel will not retain any rights in the submitted photographs and will return the fees submitted with each Entry.
- Winner Selection: After the conclusion of the Contest Voting Period for a Contest, Sponsor will determine the winners by adding the judging results and ranking the top entrants, then ranking them by number of votes received for each entrant. These entrants will be potential Prize winners. Sponsor reserves the right to select an alternate winner if the Submission fails to fit with the Contest theme or other eligibility criteria as determined by the Sponsor in its sole and unfettered discretion or should voting appear to have been tampered with in any way. Winning entries will be chosen posted online within 7 days of the conclusion of the Contest Voting Period. Previous winners of any Hotel sponsored photo contest(s) are not eligible to win.
Notification of Winner: The potential winners of a Contest will be notified by email using the information supplied at time of entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within Ten (10) days after the first attempt to notify him/her that he/she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, the finalist with the next highest score, determined by Sponsor in its sole discretion, may be selected as an alternate potential winner in his/her place. In the event that the Sponsor, in its sole discretion, does select an alternative potential winner then that alternate potential winner will also have Ten (10) days to claim the prize, and must satisfy all eligibility requirements.
Except where legally prohibited, each potential winner may be required to complete and return an Affidavit/Declaration of Eligibility, Publicity and Liability Release in order to claim his/her prize, along with an assignment of all rights in and to his/her entry (including copyright and a waiver of any moral rights to the extent allowed by law), within seven (7) days of notification. Potential winners may also be required to verify ownership and rights/permissions for photograph and/or provide additional documents as may be required by Sponsor to confirm and/or assign rights in the entry. Failure to comply when requested may result in disqualification and selection of an alternate winner. If after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other required documentation within the required time period, or in the event that a potential Winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the entrant with the next highest score will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. Only one (1) alternate winner selections will be made, after which any remaining prizes will remain un-awarded.
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- DATA PRIVACY
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Hotel in order to verify the participant’s identity, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Hotel by writing to Hotel at Attn: Marketing Department, Tahiti Village, 7200 S Las Vegas Blvd, Las Vegas, NV 89119. Personal data will be used by Hotel and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Hotel to mail skill contests or sweepstakes. To elect to have an individual’s name excluded from all such lists, submit a removal request in writing to: Hotel, Attention: Marketing Department, Tahiti Village, 7200 S Las Vegas Blvd, Las Vegas, NV 89119. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Hotel to such individual.