HILTON CLEVELAND DOWNTOWN
Mr. Kringle Essential Worker Nomination Contest
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
To enter the Hilton Cleveland Downtown “Mr. Kringle Essential Worker Nomination Contest” (the “Contest”), you must be at least 18 years of age and a legal resident of the United States residing within 150 miles of Cleveland, Ohio. Employees, officers and directors of the Hilton Cleveland Downtown (“Sponsor”), Hilton Domestic Operating Company Inc., and their respective parents, subsidiaries, affiliates, franchisees, advertising and promotion agencies, and anyone involved in the production or administration of the Contest, and any member of the immediate family or household of any such persons, are not eligible. Contest is void where prohibited. The Contest is subject to all applicable laws and regulations. Entry begins at 12:00:01 a.m. Eastern Time (“EST”) in the United States on November 5, 2020, and ends at 11:59:59 p.m. EST on November 23, 2020 (the “Entry Period”).
How to enter:
Send email nominations to CLEDO_MARKETING@hilton.com by November 23, 2020. The nomination email must include all of the following information:
– Subject line: Kringle Nomination
– Your name, phone number, email address
– The nominee’s name, phone number, email address
– The nominee’s job title & description
– 100 to 500-word explanation that answers the following: Why does this person and their family deserve a stay in the Mr. Kringle Suite?
Submission Content Guidelines:
Contest materials you submit must comply with the following guidelines:
– Email must be in English and cannot exceed 500 words.
– All Submissions must be created by entrant, and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
– If any person other than the entrant is depicted or described in any Submission, the entrant is responsible for obtaining any necessary permission for use of each such person’s name, voice or likeness and such person must not be a minor under the laws of his or her place of residence.
– Submission must not have been previously published, released or distributed in any form;
– Submission must not have won any award.
– Submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, not in keeping with Sponsor’s image or entries that otherwise contain inappropriate content or objectionable material as determined by Sponsor in its sole discretion will be disqualified.
General Submission Conditions:
Limit one (1) Submission per person and per email address. Submissions will not be acknowledged or returned. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail account listed in the Submission. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries must be received by the end of the Entry Period. Proof of transmission is not proof of receipt. Sponsor’s computer is the official timekeeping device for the Contest. Entries must not transmit anything that contains viruses or anything else that is harmful to any computer. No responsibility is assumed for late or misdirected entries, or any failure or unavailability of hardware, software, electronic communications, or Internet uploading or other connections. Sponsor is not responsible for any changes or effects caused to your computer system or video equipment as a result of submitting an Submission.
Usage Rights in Entries:
Sponsor and its designees 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 for public viewing and voting in the 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.
Sponsor reserves the right to review any Submission prior to any such posting, to remove any Submission at any time after posting, and to remove any incidental material that could be deemed infringing where doing so would not materially alter the Submission and where the entrant otherwise clearly intended to comply with these Official Rules, as determined by Sponsor. No guarantee is made that any particular Submission 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 Submission 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 or similar legislation in your jurisdiction. Submission 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 (or for the full duration of the right if a perpetual grant is not permitted under applicable law), for internal, advertising, Contest and other purposes without additional compensation, notification or permission, unless prohibited by law. This permission does not extend to consent under data protection law (where these laws are applicable), and for more information on how your personal information will be used, please see the “Privacy” section below. [Potential finalists and/or winners may be required to assign all rights in Submission to Sponsor without additional compensation;
Each entrant in the Contest represents and warrants as follows: (i) except as set forth herein, the Submission is the entrant’s own, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, are wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; and (v) the use of the Submission as set forth herein will not give rise to any claims for any payment whatsoever. In addition, each entrant represents, warrants and agrees that: (i) entrant is under no obligation or disability, which will in any manner prevent or restrict Contestant from abiding by and agreeing to abide by these Official Rules or from participating in the Contest as provided herein; (ii) entrant will perform his or her obligations in connection with the Contest in accordance with all applicable laws, rules and regulations.
Each entrant agrees to indemnify the “Released Parties” (as defined below) and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach by entrant of his or her representations, warranties, covenants or obligations hereunder.
Judging/ Winner Selection:
Judging. All entries will be judged by a panel of judges (including one independent member; full names available on written request to the Sponsor) applying the following criteria: (i) originality (25%); (ii) appropriateness to theme (25%); (iii) quality of expression (25%); and appropriateness to image of Sponsor (25%). Winner will be determined on or about November 25, 2020, and will be notified by email by November 26, 2020. The decisions of the judges are final and binding.
Notification of Winner:
Winner will be notified by email, telephone and/or postal mail, on or about November 26, 2020 but in any event within 3 weeks of the end of the Entry Period. using the information supplied at time of entry, and may be required (where imposing such condition is legal) to sign and return an affidavit of eligibility, publicity and liability release, along with an assignment of all rights in and to his/her Submission (including copyright and a waiver of any moral rights to the extent to the extent specified in these Official Rules), within seven (7) days of notification. Potential winner may also be required to verify the facts of his/her story and/or provide additional documents as may be required by Sponsor to confirm and/or assign rights in the Submission. Failure to comply when requested may result in disqualification and selection of an alternate winner. Travel companion of Grand Prize winner must also sign a liability and publicity release to the extent allowed by law. No liability is assumed for any winner notification that is lost, intercepted or not received for any reason beyond Sponsor’s reasonable control. If the prize or prize notification is returned as unclaimed or undeliverable to a 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. If any eligible winner is deemed a minor under the laws of his/her place of residence, prize may be awarded in name of parent or legal guardian who must sign all required documents and must accompany winner on the Grand Prize trip.
The following prize(s) is/are available:
1-night stay in the Mr. Kringle Suite for up to four (4) guests.
Date to claim 1- night stay in the Mr. Kringle Suite is subject to availability. Blackout dates may apply. Prize includes room rate, applicable taxes and parking for one vehicle. ARV: $450
General Prize Conditions:
If prize includes any travel, dining, entertainment or other experience/events, any costs and expenses associated with acceptance and use of the prize not specifically mentioned herein as being provided are the sole responsibility of the winner, including but not limited to, incidental charges, luggage fees, meals, gratuities and spending money. Major credit card will be required upon any prize hotel check-in to cover any incidental charges. Hotel accommodations are subject to availability.
Travel dates provided herein are subject to change within Sponsor’s sole discretion. If winner is unable to travel on dates specified by Sponsor, winner may forfeit the prize and Sponsor may select an alternate winner if time permits.
Sponsor reserves the right to photograph, videotape or otherwise record winner’s and guest’s participation in all elements of the prize (“Prize Footage”). Entrant acknowledges that there is no employment relationship between Entrant and Sponsor and all services provided by Entrant are voluntary. Sponsor shall own all rights to the Prize Footage and Sponsor and its designees shall have the right, but not the obligation, to use, reproduce, modify, publish, post, create derivative works from, and display such Prize Footage and all elements embodied therein, including, without limitation, any names and likenesses, in whole or in part, on a worldwide basis for two (2) years from the start of the Entry Period, and to incorporate the Prize Footage into other works, in any form, media or technology now known or later developed, for internal, advertising, commercial and Contest purposes, and Winner (and guest) may be required to sign additional documents confirming such rights.
No transfer, assignment or substitution of a prize, except Sponsor reserves the right to substitute prize (or a portion thereof) for an item of comparable or greater value, at its sole discretion if any advertised prize becomes unavailable.
Any prize is awarded “AS IS.” Sponsor does not make any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize.
Limitation of Liability:
Insofar as is permitted by law, by entering the Contest, entrant agrees to hold Sponsor, its parent, affiliate and subsidiary companies, franchisees and advertising and Contest agencies and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) harmless and that they will not be liable to compensate the winner or winner’s guest for any loss, damages or expenses (including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing), which are caused or claimed to be caused, in whole or in part, directly or indirectly, by participating in the Contest or by acceptance or use of a prize (including any travel or activity-related thereto); this release shall include liability for death and personal injury occurring as a result of taking up the prize except where it is caused by the negligence of the Released Parties or that of their employees. Your statutory rights are not affected.
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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, 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.
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 Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Page or any web site. Persons who tamper with or abuse any aspect of the Contest 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. Caution: Any attempt by an individual to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such individual to the fullest extent of the law.
By participating, you further agree, insofar as permitted by law, that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, 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 Contest, 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.
Governing Law: Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsor, shall be constructed and governed by the laws of the state of New York, without regard to conflicts of law. Claims may not be resolved through any form of class action. Venue for all suits will be in the Eastern District of Virginia or, if there’s no federal jurisdiction, Fairfax County, Virginia.
By participating, each entrant agrees, except where prohibited under applicable law and without limiting any statutory rights available for consumers: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the United States Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Fairfax Country, Virginia, United States; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Virginia law consistent with the FAA and applicable statutes of limitations, national public policy provisions and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. Each entrant hereby irrevocably submits to personal jurisdiction in Fairfax County, Virginia, and irrevocably waives any objection or claim that San Francisco, CA, United States is an inconvenient forum. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Any personal information you submit is subject to Sponsor’s Global Privacy Statement posted at: http://www1.hilton.com/en_US/hi/customersupport/privacy-policy.do.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
The original version of these terms and conditions is drafted in the English language. If these terms and conditions are translated into any other language, the English language version shall prevail.
For winner’s name, available after December 1, 2020, email CLEDO_MARKETING@hilton.com.
The Sponsor of the Contest is Hilton Cleveland Downtown, 100 Lakeside Avenue East, Cleveland, Ohio 44114. Phone: (216) 413-5000