NO PURCHASE NECESSARY. INTERNET ACCESS AND A PUBLIC FACEBOOK ACCOUNT OR PUBLIC INSTAGRAM ACCOUNT ARE REQUIRED TO ENTER. GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR'S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR'S WEBSITE OR SOCIAL MEDIA PLATFORMS.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Giveaway, each Entrant (as defined below) waives, discharges and releases Facebook and Instagram from any and all liability associated with the Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to Sponsor and not to Facebook or Instagram.
SPONSOR: MOTEL 6, Suite 4001 International Parkway, Carrollton, TX 75007 (the "Sponsor").
ADMINISTRATOR: BARKLEY US, 1740 Main Street, Kansas City, MO 64108-1376 (the "Administrator")
TIMING: The National Dog Day Giveaway With Motel 6 ("Giveaway") begins at 12:00 PM Central Daylight Savings Time ("CDT") on August 26, 2024 and will end at 12:00:00 PM CDT on August 30, 2024 ("Giveaway Period").
ELIGIBILITY: This Giveaway is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older at the time of entry (individually defined as "Entrant" and collectively defined as "Entrants"). Employees, officers, and directors of Sponsor, Administrator and each of their parent and affiliated companies, subsidiaries, distributors, retailers, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Giveaway (collectively, the "Giveaway Entities"), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. Sponsor's database clock will be the timekeeper for this Giveaway.
TWO (2) WAYS TO ENTER: (A) VIA SOCIAL MEDIA: To enter the Giveaway via Facebook.com and Instagram.com, you must have: (i) an active and public Facebook account or sign up for a free Facebook account at www.facebook.com or have an active and public Instagram account or sign up for a free Instagram account at www.Instagram.com; (ii) Follow @Motel6 on Facebook.com or Follow @Motel6 on Instagram.com; and (iii) Post a comment to the designated Motel 6 post with the name of your Dog in honor of National Dog Day; OR B) VIA EMAIL: To enter the Giveaway via Email, (i) send an email to [email protected] and include "National Dog Day Giveaway with Motel 6" in the subject line and your full legal name and email address in the body of the email. Emailed entries must be received during the Giveaway Period. No mechanically or programmatically reproduced Entries are permitted. Sponsor and Administrator will not verify receipt of Entries for Entrants. Entries submitted by Entrant who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. (Ai, Aii, and Aiii and Bi, individually defined as "Entry" and collectively defined as "Entries").
ENTRY RESTRICTIONS: Entries may not contain, as determined by Sponsor's sole discretion, any Entry that:
By entering the Giveaway and submitting an Entry, each Entrant grants Sponsor and the Giveaway Entities (1) a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, paid up royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant's name and city/state), and any materials based thereon or derived therefrom, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging, production of any merchandise to be sold commercially and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Giveaway Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. This license expressly includes a right (but not the obligation) for Sponsor to modify the Entry, or to remove any third-party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deem(s) necessary or desirable, and Entrant irrevocably waives any and all so-called moral rights they may have therein; (2) each Entrant warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; (3) certifies that the Entrant is the creator and sole copyright owner of the Entry; (4) the Entry has not been previously published, and has not won previous awards, does not incorporate any material owned by any third party; and (5) the use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. In addition, each Entrant forever waives in favor of Sponsor all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein or require Entrant's permission to use the Entry (or any part thereof) for the purposes stated herein. Sponsor reserves the right to request releases from any third parties appearing in any Entries or any further releases, which may be required from Entrant. Failure to produce third party releases upon Sponsor's request may result in disqualification, as determined by Sponsor, is its sole and absolute discretion.
By posting the Entry on Facebook.com or Instagram.com, each Entrant consents to receive from the Sponsor a Facebook direct message or an Instagram direct message notifying him/her if he/she is a potential winner. Entrants will be required to have a public Facebook account or a public Instagram account to receive a direct message. Entries posted by a Facebook account or an Instagram account that is not public will be disqualified. Limit one (1) Entry per person, regardless of the number of Facebook accounts, Instagram accounts or email accounts the Entrant uses. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, "game" or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Giveaway, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Giveaway. Sponsor reserves the right to void any Entry that is posted through robotic, automatic, mechanical, programmed or similar duplication method, or posted through any third-party website, and to disqualify any Entrant using such a method. Sponsor is not responsible for any lost, late, stolen, delayed, illegible, incomplete, mutilated, mis-addressed or misdirected Entries. Incomplete, inaccurate, unintelligible or late Entries submitted which otherwise do not comply with these Official Rules will be deemed void. All Entries become the property of the Sponsor and will not be acknowledged or returned and Sponsor reserves the right to dispose these Entries at its sole discretion. Posting your Entry, constitutes your consent to participate in this Giveaway and your consent for Sponsor to contact you for the purpose of administering this Giveaway and for other uses by Sponsor as permitted by these Official Rules and by applicable law.
The Giveaway Entities are not responsible for any problems or technical, hardware, or software malfunctions of any network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Giveaway, computer online systems, servers or providers, computer or other electronic equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any social media site, or any combination thereof, including, without limitation, any injury or damage to Entrant or any other person's computer or other electronic device relating to or resulting from participating in this Giveaway or uploading/downloading any materials in connection with this Giveaway. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules.
BY ENTERING THIS GIVEAWAY AND SUBMITTING AN ENTRY YOUR ENTRY MATERIALS AS DEFINED HEREIN, MAY BE INCLUDED IN SPONSOR'S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR'S WEBSITE OR SOCIAL MEDIA PLATFORMS ASSOCIATED WITH SPONSOR OR ANY OTHER MEDIA AT IT'S SOLE DISCRETION. Sponsor has no obligation to use or post any Entry submitted by any Entrant. The use of an Entry by Sponsor or any Giveaway Entity does not have any effect on the winner selection process.
Use of a mobile device to participate in this Giveaway is not required. If you use a mobile device to post an Entry, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted into the Giveaway, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry.
RANDOM DRAWING/SELECTION OF WINNERS/ODDS OF WINNING: All Entries received during the Giveaway will be combined and a total of seven (7) prize winners will be randomly selected (each defined as a "Prize Winner"). The Random Drawing will be conducted on or about September 3, 2024 by the Administrator whose decisions in all matters relating to the Giveaway are final. Odds of winning depend upon the total number of eligible Entries received. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All prizes may not be awarded in the event an insufficient number of eligible Entries are received. If there is a dispute regarding the identity of a Prize Winner, the registered account holder of the social media account used to submit a winning Entry will be deemed the Prize Winner, subject to such owner's compliance with the Official Rules.
PRIZE WINNER VERIFICATION: Receiving a prize is contingent upon compliance with these Official Rules. Sponsor will attempt to notify the selected winners ("Prize Winners") by email or Instant message on Facebook or Instagram direct message on or about September 3, 2024. Each selected winner notified either by instant message on Facebook or Instagram direct message will be required to provide Administrator with a valid email address within twenty-four (24) hours of notification. In the event, a winner does not provide a valid email address within twenty-four (24) hours of notification, that winner will be disqualified, and that prize will be awarded to an alternate winner from among all remaining eligible Entries received. All Prize Winners will be required to sign and return a Declaration of Compliance or similar documentation and where permitted, a Publicity Release, which must be received by Administrator within three (3) days in order to claim the prize. Non-compliance with any of these Official Rules may result in disqualification. A Prize Winner may be disqualified if (i) a prize winner notification is returned as undeliverable; (ii) a signed Declaration of Compliance is not received by Sponsor in a timely manner; (iii) a Prize Winner is ineligible; or (iv) a Prize Winner declines his/her prize. If a Prize Winner is disqualified, that prize will be awarded to an alternate winner in a random drawing from among all remaining eligible Entries received. Sponsor is not responsible for fraudulent calls or emails made to Entrant not by Sponsor, or for any change of Entrant's Facebook account or Instagram account.
Each Prize Winner agrees that the Giveaway Entities may irrevocably use the Prize Winner's name, voice, city/state of residence, photograph and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format including but not limited to Sponsor's websites, social media platforms and any all media now or hereafter known without further compensation (financial or otherwise), permission or notification, and agrees to participate in any and all publicity and promotional activities as designated by Sponsor (except where prohibited by law) in connection with this Giveaway. In the event a selected Prize Winner's personal social media content contains misleading claims about Sponsor and its products or services, that defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; or communicates any message or image that is inconsistent with Sponsor's positive image and/or good will with which Sponsor wishes to associate or contains content that violates any rule, law or regulation, the Sponsor reserves the right, at its sole discretion, to disqualify that Prize Winner.
SEVEN (7) PRIZES AND THEIR APPROXIMATE RETAIL VALUES ("ARV"): Seven (7) Winners will each receive one (1) package of Motel 6 branded Dog items designated by Sponsor. ARV of each Prize: $57.00. THE TOTAL ARV OF ALL PRIZES: $400. No transfer or assignment of any prize permitted. Prize Winners are solely responsible for all taxes on prizes as applicable. Cash substitution of any prize is not allowed. LIMIT ONE (1) PRIZE PER PERSON. Sponsor will have no further obligation to any winner who forfeited his/her prize and will not replace any forfeited prize.
GENERAL CONDITIONS: Except as otherwise provided in these Official Rules or prohibited by law, by entering this Giveaway, each Entrant and Prize Winner: (1) agrees to release Sponsor from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death (except where caused by negligence) arising out of participating in this Giveaway, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (2) acknowledges that Sponsor has neither made nor are responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. In the event of a dispute as to the identity or eligibility of an Entrant based on a Facebook account or Instagram account, the prize winning Entry will be declared made by the "Authorized Account Holder" of the Facebook account or Instagram account at time of entry. "Authorized Account Holder" is defined as the natural person assigned to the Facebook account or Instagram account by the social media site. Sponsor may ask any Entrant or the prize winner to provide Sponsor with proof that such party is the Authorized Account Holder of the Facebook account or Instagram account associated with the Entry. All disputes and claims arising out of or relating to the Giveaway shall be determined according to the laws of Missouri without regard to its conflict of law principles and all Entrants' and prize winners' consent to the personal jurisdiction of the federal and state courts located in Kansas City in the State of Missouri and agree that such courts have exclusive jurisdiction over all such disputes. All causes of action arising out of or in connection with any Giveaway shall be resolved individually without resort to any form of class action litigation and any and all claims, judgments and awards shall be limited to actual out of pocket expenses incurred.
LIABILITY & RELEASE: Except as otherwise provided in these Official Rules or prohibited by law, by participating in this Giveaway, each Entrant and Prize Winner agrees to release and hold harmless Sponsor from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of Entries; or (f) injury or death to a person(s) (except where caused by negligence) or damage to property which may be result, directly or indirectly, in whole or in part, from Entrant's or Prize Winner's participation in the Giveaway or Prize Winner's receipt, acceptance, use &/or enjoyment of any prize. Except as otherwise provided in these Official Rules or prohibited by law, by entering the Giveaway, each Entrant and Prize Winner agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with applying for the Giveaway, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any Entrant or Prize Winner be permitted to obtain any award for, and each Entrant and Prize Winner hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Except as otherwise provided in these Official Rules or prohibited by law, Sponsor is not responsible for any typographical or other error in the printing of this Giveaway, the administration of the Giveaway or in the announcement of any Prize Winner, including such error as may give an erroneous indication that a prize has been won. Except as otherwise provided in these Official Rules or prohibited by law, by participating in the Giveaway and submitting an Entry, each Entrant and Prize Winner agrees to defend, indemnify and hold harmless the Sponsor from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to Entrant's and Prize Winner's participation in the Giveaway. In the event the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's control (each a "Force Majeure" event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Giveaway as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to distribute the prizes among all non-suspect, eligible Entrants received up to the time of such Force Majeure event. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Entrants and prize winners acknowledge that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
PERSONALLY IDENTIFIABLE INFORMATION/PERSONAL DATA: Entering into this Giveaway constitutes your consent for Sponsor to obtain and deliver your name, e-mail address and other information to the Administrator for the purpose of administering this Giveaway and for other uses by Sponsor as permitted by applicable law, including future use in marketing or advertising communications of Sponsor, or any Giveaway Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant or Prize Winner, except where prohibited by law. Entrant information provided to Administrator will solely be used by Administrator in process of determining winners for this Giveaway and will be destroyed thereafter.
USE OF DATA: Any personally identifiable information collected from Entrants and prize winners in the Giveaway will be collected by Sponsor or its designee and used by the Giveaway Entities and their affiliates, designees, agents and marketers for purposes of the proper administration of the Giveaway as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at https://www.motel6.com/en/home/policies/privacy-policy.html
WINNERS LIST: For a list of Prize Winners, available after September 30, 2024, send a self-addressed stamped envelope with proper postage affixed to: National Dog Day Giveaway with Motel 6, c/o Barkley US, 1740 Main Street, Kansas City, MO 64108-1376. Requests must be received by October 31, 2024. Winners List will be available after all prize winners have been verified.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on any website, social media platform or application and/or the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion.
VOID WHERE PROHIBITED.