Paséa Hotel & SpaTM Video Contest - Official Rules
Call for entries: July 1 – July 13, 2018
Paséa Hotel & SpaTM “Get Lost Into the BlueSM” Video Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest Period: Paséa Hotel & SpaTM “Get Lost Into the BlueSM” Video Contest (“Contest”) will begin 12:00 a.m. PST on Sunday, July 1, 2018 and will end at 11:59:59 PM PST on Friday July 13, 2018.
BY ENTERING THIS CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES (“Official Rules”) AND THAT YOU HAVE READ THESE OFFICIAL RULES AND AGREE TO OBEY THEM.
1. Eligibility: The Contest is open to all entrants regardless of experience, who are legal residents of the State of California and are 21 years old or older at the time of entry, and who are not otherwise ineligible as provided herein (“you” or “Entrant”). Members, managers, employees, lessees, attorneys, independent contractors, agents, officers and directors of Pacific City Hotel, LLC, a Delaware limited liability company (“Sponsor”), Pacific City Operations, Inc. (“Operations”), and Pacific Hospitality Group Ventures, Inc., a California corporation (“Manager”, together with Sponsor and Operations, are collectively referred to as “Paséa Parties”), and their parent companies, subsidiaries and/or affiliates and their immediate families (including parents, children, siblings, spouses) or members of the same household (whether related or not) of such persons are not eligible to enter the Contest. The Contest is void outside the State of California, and where prohibited by law, regulation, statute or other appropriate authority, and is subject to all applicable federal, state and local laws. Void where prohibited.
2. Entry Requirements and Guidelines: Two categories of entry are allowed on the following award themes: (i) "Get Lost Into the BlueTM" and (ii) "Surf City U.S.A." (individually a “Category” and collectively, the “Categories”). How an Entrant’s submission realizes on the Categories is up to the Entrant, but all entries must conform to these Official Rules including the following Guidelines:
(a) The entry and all elements of the entry must be the Entrant’s original work and previously unpublished.
(b) The entry must tell your story and convey a positive experience with The Pasea Hotel and SpaTM referencing the applicable Category.
(c) The entry must not violate the intellectual property rights of any third party. That means that the video should not contain a trademark or logo of another company, nor any copyrighted materials such as music, photographs, or posters.
(d) The entry must be suitable for publication and publicity purposes as determined by Sponsor in its sole discretion. Entries must be in good taste and must not contain obscene, racist or defamatory statements nor portray Sponsor or any third party in any way that might tend to subject them to public contempt, scandal, disrepute or ridicule. The entry may not contain any of the following: nudity, profanity, any situations which expose any persons appearing in the entries to physical injury.
(e) Entrants acknowledge that Sponsor may use entry without any compensation to entrant or persons appearing in the video, in any and all media, throughout the world, in perpetuity, including derivative works.
(f) Once your video(s) are submitted, they are considered final and may not be modified or edited by you.
(g) Once your submission is received by Sponsor, the photos, video or other materials submitted become the property of Sponsor and entrants cannot use these materials for any other commercial/contest purposes.
(h) In making a submission, you agree to abide by all laws and legal requirements, including not trespassing or creating a nuisance on The Paséa Hotel and SpaTM or other properties. You agree that you will not submit anything that contains (i) disparaging or obscene language, photographs or film (ii) photographs or film of trademarks and/or logos not belonging to you (unless you are expressly permitted to do so in writing by the owners of such trademarks or logos) (iii) language, photos or film that is defamatory or injurious to another party and/or may damage another party’s reputation and/or (iv) any submission that does not comply with these Official Rules. You also agree that you will only submit entries in which you own all rights to the materials submitted and will not violate anyone’s copyrights and will have the permission of any persons depicted in the materials to use/submit their image.
You acknowledge that Sponsor expressly conditions its acceptance of your submission on your adherence to the Official Rules, and if it is discovered that you have violated the Official Rules, Sponsor reserves the right to disqualify your submission without notice or compensation. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason, without notice or compensation to you. Sponsor reserves the right to amend, replace or change these Rules at any time in its sole discretion.
3. POSTING OF ENTRIES: All eligible Contest entries (as determined by the Sponsor, in its sole discretion) shall be posted on the publicly accessible Sponsor Facebook page and may also be posted by sponsor on its websites, Instagram feeds, and other sites and media, including those of its affiliates.
4. Prizes and Prize Restrictions: The top entry, based on panel judging and fan votes (as described below), will win a complimentary experience giveaway to be hosted at The Paséa Hotel & SpaTM no later than December 1, 2018.
(a) GRAND PRIZE (1 per category): One Grand Prize will be awarded in each category. Each Grand Prize will consist of a two-night stay in an Ocean View Guest room and a $100 Tanner’s RestaurantTM credit to use during stay. Subject to black-out dates and availability. Other restrictions may apply (VALUE: $1100).
(b) RUNNER-UP PRIZE (2 per category): Two Runner Up Prizes will be awarded in each category. A dinner for two at Tanner’s RestaurantTM (VALUE: $150). Subject to blackout dates and availability. Other restrictions may apply.
(c) PARTICIPATION PRIZE (1 per category): One Participation Prize will be awarded in each category. Each Participation Prize will consist of a $50 gift certificate to Tanner’s Restaurant™ (VALUE: $50). Subject to blackout dates and availability. Other restrictions may apply.
Total approximate retail value of all prizes is $1,600. Limit one prize per eligible person/family/household. Prize recipients will be responsible for paying all taxes, fees, and other charges imposed by any government authority on the award of a prize, and all hotel sales and occupancy taxes applicable to a prize. No cash redemption, substitution or transfer of any prize by winner(s) is permitted. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value, or cash award in the amount of the applicable value set out above, in its discretion.
5. How to Participate: Between July 1, 2018 and July 13, 2018, you must provide an online entry submission at https://www.meritagecollection.com/pasea-hotel/dis... and include all *required information along with a single video; rendered at 1080P. The screen (pixel) size is 352 X 912 (that’s 352 horizontal and 912 vertical) in an .mp4 format. Entries are required to be submitted in one of two formats. All landing page and video submission must be received by: marketing@paseahotel.com during the contest period, which ends on Friday, July 13, 2018, by 11:59 pm EST. The entry must not exceed (3) minutes total running time.
6. Winner Selection:
(a) A panel of judges designated by Sponsor will select the potential winners. On July 14, 2018, the Panel (as defined below) will select one entry per Category to win the Grand Prize and one entry per Category to win a Runner Up Prize, and will conduct a random selection for the winners of the two Participation Prizes. The prizes are described above.
(b) A panel of judges, composed of a mix of employees of Operations, Sponsor and/or participating Sponsor partners (“Panel”) selected by Sponsor in its sole and final discretion, will make the winner selection for the Grand Prize and the Runner Up Prize, based on their subjective determination of the most moving and impactful video and generally considering: originality and creativity, entertainment appeal, the depiction of the Category, video ratings (such as Facebook “likes”), and number of views. The employees of Sponsor or its affiliates will comprise a majority of the Panel. The decision of the Panel will be final and binding and may not be appealed. Entries must not have won a previous prize or award nor been previously published and must be entrant's original work. The Sponsor will randomly select the winners of the Participation Prizes.
The odds of winning depend on the number of entries received.
(c) Public Voting: Sponsor will upload the videos to Sponsor’s Facebook page as received; however, Sponsor reserves the right to not upload or edit, in its discretion (including for length), any videos containing material it deems improper in its sole discretion, including material of a prurient or offensive nature, or which is immoral, would violate contract obligations, or breach the intellectual property rights of others. While public rating (such as Facebook “likes”) may be considered as part of the Panel’s selection of the winner, the selection of the winner(s) will be made by the Panel alone as described above. Any use of robotic, macro, automatic, programmed or like voting methods by any person will void all such votes if detected by Sponsor. Any attempt by an Entrant and/or his/her family/friends to vote more than once vote per email addresses using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify any submission in its reasonable discretion.
(d) All Entrants are invited to a reception held at The Paséa Hotel & SpaTM’s Blue Room on July 15, 2018 from 6PM-8PM to view all the entries and hear the final announcement of the potential winner. If Entrants are not able to attend, an email will be sent within 48 hours of the announcement via the email address provided in the entry form. If a potential winner fails to respond within 48 hours after receipt of notification of finalist selection, is ineligible, cannot be notified, or is disqualified, an alternate finalist will be selected. The contest winner will then be announced publicly on Wednesday, July 18, 2018. As a condition of receiving a prize, potential winners may be required to complete an affidavit of eligibility and sign a release (and the personal releases of each person appearing in the entry) within seven (7) days of attempted delivery or the prize will be forfeited. The two (2) Participation Prizes will be awarded to those who cast a vote (i.e., a Facebook “like”) for their favorite video on Sponsor’s Facebook page. These participants must also “Like” the Paséa Hotel & Spa’sTM Facebook page to be eligible. The two (2) potential winners of the Participation Prizes will be chosen at random by Sponsor and notified using the email procedure set forth above.
(e) If any prize/prize notification is returned as undeliverable, or in the event of non-compliance with any other requirements, the prize will be forfeited in its entirety and may be awarded to an alternate. Winners agree that receiving a prize grants Sponsor the right to print, publish, broadcast, and use universe-wide in any media now known or later developed at any time or times, the winner's name, portrait, picture, voice, likeness, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications without additional compensation, except where prohibited by law.
7. Grant of Rights: In consideration of Entrant’s submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor, Operations, Manager and each of their parents, subsidiaries, affiliates, and licensees and their successors, transferees and assigns (“Licensed Parties”) a non-exclusive, irrevocable, fully paid, universal license to use, copy, modify or make derivative works, sublicense, transmit, distribute, publicly perform, publish, delete or display such submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without any further right of approval or additional compensation. Each Entrant grants Licensed Parties the right, but not the obligation, to use the story, characters, and any other information presented in the entry, including the name and likeness of entrant and any persons appearing in the entry, in a commercial or other advertising and publicity for Licensed Parties.
In connection with your entry, you affirm, represent, and/or warrant that you own or have the necessary licenses rights, consents, and permissions to use and authorize Licensed Parties to use all patent, trademark, trade secret, copyright or other proprietary right in all video entries to enable inclusion and use of the entry in the manner contemplated by this Contest and these Official Rules. You further agree that you will not submit to the Contest, any material that is copyrighted, protected by trade secret, or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and enter the Contest and to grant Licensed Parties of all the license rights granted herein. Licensed Parties, pursuant to this universal license are authorized and empowered to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit the materials you submit to enter the contest, including your name, signature, likeness, photograph(s), as well as additional photographs, video footage or other images that Licensed Parties, their agents, employees, and independent contractors may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Licensed Parties shall elect, in any and all media now known or hereinafter developed, including but not limited to the Sponsor websites, other websites, newsletters, press releases, social media sites, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for any such use. Submission of an entry (1) constitutes permission to use the entrants’ and any winners’ names and likenesses, address (city/state), and video entry, for advertising and publicity purposes without further compensation, unless prohibited by law, (2) grants Sponsor and its agents the right to modify, adapt, and/or edit the entry, and (3) constitutes a representation and warranty that entrant has received permission for Sponsor to use the audio and likeness of all persons appearing in the video without additional compensation to such persons.
8. Entrant Representations, Warranties, Indemnification: By entering, Entrant represents and warrants to Paséa Parties that his/her entry is (i) completely the original work of Entrant and was created or filmed solely by the Entrant, (ii) not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Entrant agrees to indemnify, defend and hold harmless Paséa Parties for any breach of the above representations. By submitting an entry, each Entrant agrees to indemnify, defend, release, discharge and hold harmless all Paséa Parties and their parent companies, affiliates, subsidiaries, attorneys, promotional partners and agents, and all others associated with the development and execution of this Contest, and the members, managers, officers, directors and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the entrant’s concept.
9. LIMITATIONS OF LIABILITY, DISCLAIMERS/RELEASE: PASÉA PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PASEA PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL THE PASÉA PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. PASEA PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. PASEA PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT PASEA PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A PASEA PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST ANY PASEA PARTY. By participating, Entrants, and winners and their guest agree to release and hold harmless Paséa Parties and their respective successors, transferees and assigns from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. By participating in this contest and/or accepting prizes, each Entrant agree to hold Sponsor and its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability in connection with the contest, the videos, or the use or redemption of prizes, including, without limitation, bodily injury or death or the violation of the rights of any third parties.
10. Conditions and Additional Terms: All federal, state and other taxes are the sole responsibility of the winner. Paséa Parties are not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, attempt to interfere with this Contest or act in an inappropriate or disruptive manner in any way shall be disqualified. There is no purchase necessary to participate. A purchase does not increase the odds of winning. Paséa Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter a qualifying submission to the Contest, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserve the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest without compensation or notice to any Entrant should (in Sponsor’s sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Contest or web site. Sponsor may prohibit or disqualify a participant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Paséa Parties.
11. Disputes: Except where otherwise specifically prohibited, Sponsor reserve the right to make all decisions arising out of or relating to the Contest in its sole discretion, and the decisions by Sponsor are final and binding on all matters relating to the Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all 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 attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than State of California. By participating in the Contest, you agree that Irvine, California will be the exclusive forum for any formal dispute resolution.
12. GENERAL RULES: Void where prohibited. All federal, state and local laws apply. Sponsor may alter entries submitted prior to publication. All income taxes resulting from acceptance of prize are the responsibility of the applicable winner. By entering the contest, Entrant accepts and agrees to these Official Rules and the decisions of the Panel, which shall be final in all matters. Sponsor and its affiliated companies will not be responsible for lost, late, or misdirected entries or prize notices or for any typographical, or other error in the administration of the contest, or announcement of the prize. In the event of any such error, Sponsor reserves the right to request that the Panel modify this contest in a manner deemed reasonable by the Panel, at the Panel’s sole discretion. Sponsor is not responsible for late, lost, illegible, incomplete, stolen, garbled or misdirected entries, all of which are void. Electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries that are incomplete, illegible or corrupted are void and will not be accepted. By entering the Contest, entrant recognizes and agrees that the registration information provided by entrant will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found at https://www.meritagecollection.com/privacy-policy . Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and terminate, suspend, cancel or modify the Contest and award the prizes from among all eligible entries received as of the date of termination if for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes beyond the control of Sponsor. No license to use the intellectual property of Sponsor is hereby granted.
13. WINNERS’ LIST: For the names of the winners (available after July 14, 2018), send a self-addressed, stamped #10 envelope to: Paséa Hotel & Spa, C/O Marketing Department 21080 Pacific Coast Highway, Huntington Beach, CA 92648; Attn: Names of Winners. Requests must be received by July 31, 2018.
14. Sponsor Address: Pacific City Hotel, LLC 21080 Pacific Coast Highway, Huntington Beach, CA 92648
