NO PURCHASE, ENTRY FEE, OR OTHER PAYMENT IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
By participating in the 2019 12 Days of Christmas (the “Sweepstakes”), entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding for all matters relating to the Sweepstakes.
Polkadog Bakery, 42 South Street, Jamaica Plain, MA 02130 (“Sponsor” or “Polkadog”).
The Sweepstakes begins 12/17/2019 at 12:00 pm Eastern Standard Time (“EST”) and ends 12/22/19, 11:59 pm EST. Information on how to enter and prizes form part of these Official Rules. By submitting an entry, each entrant warrants that his or her entry complies with all requirements set out in the Official Rules. Odds of winning will depend on the number of entrants.
WHO MAY ENTER
Sweepstakes is open only to individuals, living in the United States, ages 21 and older. Employees of Polkadog, Kimpton Onyx Hotel, their affiliates, their investors, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) are not eligible.
THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
HOW TO ENTER
You may enter the Sweepstakes by following @polkadogbakery on Instagram, following @onyxhotelboston on Instagram, and tagging two (2) friends who deserve a trip to Boston with their pet on @polkadogbakery on Instagram. You may alternatively choose to enter the Sweepstakes via the following method:
(1) Email your comment to polkadog(at)hellonewhouse.com with the following information:
Emails must be received by Polkadog within the duration of the Sweepstakes as set out above.
Sweepstakes entries (including any content therein) that are submitted, transmitted, delivered or otherwise made available to Polkadog shall remain the sole and full responsibility of the respective entrant. Accordingly, entrant represents and warrants to Polkadog that his or her entry submitted in connection with the Sweepstakes:
(a) is true, accurate, current, complete and not misleading, fraudulent or deceptive;
(b) does not and will not violate any applicable state, federal or local laws (including regulations pertaining to sedition, obscenity or abuse);
(c) does not and will not violate the rights of any third party, including, without limitation, copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy; and
(d) is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by Polkadog.
One winner will be selected at random. The winner will be contacted via private Instagram message.
Entrants retain ownership of the Entries they submit, however, by entering, Entrant, grants Sponsor the perpetual, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and the Sweepstakes all without further consent from or payment to Entrant or any persons whose material is incorporated in the Entry or Photo or who assisting in the creation of the Entry. Entries may be published and posted online but Entrants agree that Sponsor has no obligation to post or publish any Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of any Entry does not indicate that the specific Entry is a winning Entry.
One (1) Sweepstakes Winner will receive one (1) Sweepstakes Prize of one (1) night standard hotel accommodations at the Kimpton Onyx Hotel (one room, double occupancy) along with Polkadog-branded Dog Treats and a Polka Dog branded canvas tote. The approximate retail value of the Sweepstakes Prize is US $300. This prize is only valid for a one-night one-room reservation at the Kimpton Onyx Hotel to be used by December 31, 2020. Date of reservation is based on hotel room availability. Blackout dates and restrictions may apply. Winner will not receive difference between actual and approximate retail value, if any. Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit of Eligibility, Liability Release and Publicity Release. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Sweepstakes, and selection of an alternate potential winner. 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.
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.
LIMITATION OF LIABILITY
By entering this Sweepstakes, all entrants agree to release, discharge, and hold harmless Polkadog, Kimpton Onyx Hotel and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Sweepstakes or any Sweepstakes-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Polkadog nor Kimpton Onyx Hotel assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in delivery, operation or transmission; communications line failure; theft or destruction of or unauthorized access to Sweepstakes entries or entry forms; or alteration of entries or entry forms. Polkadog nor Kimpton Onyx Hotel is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, delays or losses in postal services, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Sweepstakes.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, NEITHER THE SPONSOR NOR ITS AFFILIATES OR VENDORS SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THE SWEEPSTAKES OR OFFICIAL RULES OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (C) ANY MATTER BEYOND SPONSOR’S REASONABLE CONTROL.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED. Entrants agree that this Sweepstakes shall be subject to and governed by the laws of the Commonwealth of Massachusetts and the forum for any dispute shall be in Massachusetts, United States of America. 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 this Sweepstakes are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of Polkadog are final and binding with respect to all matters relating to the Sweepstakes; and (c) 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 cannot be traced or do not respond within 10 days to a winner notification as required by the “Sweepstakes Prizes” rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor 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 process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
ENTRANT UNDERSTANDS, ACKNOWLEDGES AND RELEASES ANY PARTICIPATION BY INSTAGRAM IN THIS SWEEPSTAKES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
RIGHT TO CANCEL OR SUSPEND SWEEPSTAKES
If for any reason the Sweepstakes 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 Polkadog that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Polkadog 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 Sweepstakes. If Sponsor elects to cancel or terminate the Sweepstakes, Sponsor will not retain any rights in the submitted entries.
Entrants are responsible for complying with these Official Rules. Winners’ will be selected and notified of their winning on or approx. December 23, 2019.