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Highgate Hero

HIGHGATE HEROES SERIES

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR BE RECOGNIZED. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCE OF BEING FEATURED.

A. GENERAL

  • 1. Participation in this Series (“Series") constitutes your acceptance of these terms and conditions ("Official Rules").
  • 2. The Series is sponsored by Highgate Hotels, L.P., a limited partnership ("Sponsor"), at 870 Seventh Avenue, 2nd Floor, New York, NY 10019. Any questions or comments about this Series, or for a list of recipients, should be directed to Sponsor at highgatehero@highgate.com.
  • 3. THE SERIES IS VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR FILING REQUIREMENTS OF ANY STATE OR LOCAL JURISDICTION HAVE NOT BEEN COMPLIED WITH.

B. ELIGIBILITY

  • 4. To submit for this Series, you must be: (i) at least 18 years or older, (ii) a legal resident of one of the 50 United States or the District of Columbia, (iii) a first responder/healthcare personnel providing healthcare services, (iv) staying as a guest at a Highgate owned or managed hotel, and (v) not an employee, intern, contractor or volunteer of Sponsor or any entity that is directly or indirectly controlled by Sponsor or an immediate family or household member of any such person.
  • 5. By submitting for the Series, you confirm that you are eligible to enter and claim a Reward. Sponsor reserves the right to request proper identification or other relevant documentation to verify your eligibility. Upon Sponsor‘s request, you must present such identification or other documentation supporting your eligibility for Sponsor’s review.

C. HOW TO ENTER

  • 6. The Series submission period will open at 12:01 a.m. Eastern Time (“ET”) on May 28, 2020 and end at 12:01 a.m. Eastern Time., ET, on June 112020 (“Series Period”). Sponsor’s clock determines time.
  • 7. To submit, send an email to highgatehero@highgate.com with a statement (subject to the content restrictions below) telling your unique story about your experience working in healthcare during the COVID-19 pandemic and its impact on your life. In the submission, provide your email address, telephone number, first name, last name, date of birth, the Sponsor hotel you are staying at, and permanent U.S. state of residence, as well as a photo of you that corresponds with your statement. All submissions will be subject to the following content restrictions: • Submission must not exceed 500 words. • Submission must not be false or misleading in any material respect. • Submission must not include any third parties/people without their permission and must not contain any Personally Identifiable Information (PII) of any third party. • Submission must not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation. • Submission must not contain any content that is protected by copyright (without the express prior written consent of the owner of such right). • Submissions must not contain any derogatory remarks or references to any person or company. • Submissions must not contain subject matter which is, or could be considered, in the sole discretion of Sponsor, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, or abuse), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, or computer hacking), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or otherwise objectionable.
  • 8. One submission per person. Sponsor reserves the right at its sole discretion to disqualify any individual who does not meet the eligibility requirements, does not adhere to the content restrictions for eligible submissions, tampers or attempts to tamper with the submission process or the operation of the Series or the Sponsor‘s website; violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A SUBMITTOR OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERIES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and its agencies are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or 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 Series which may limit the ability to participate or by any human error which may occur in the processing of the submissions in this Series. Sponsor reserves the right to modify or cancel the Series if it becomes technically corrupted. In such event, Sponsor would award Prizes by selecting potential recipients from eligible submissions received prior to cancellation.
  • 9. Late, invalid, incomplete, fraudulent submissions, or submissions that otherwise do not adhere to the content restrictions set forth in Section 7 above, will not be accepted. Sponsor is not responsible for submissions which are lost or delayed in transit, regardless of cause.

D. SELECTION OF RECIPIENTS

  • 10. On May 18, 2020, Sponsor will determine eight (8) potential recipients from the eligible submissions. All submissions will be judged based on the following criteria, each weighted equally: (1) how compelling the submission is, (2) the uniqueness of a submission, and (3) the level of sacrifice or accomplishment an entrant has displayed, each as determined by Sponsor in its sole discretion and screened for eligibility and/or disqualification as provided herein. The potential recipients will be sent a notification on May 19, 2020 using the email address used in the submission of the submission. If a potential recipient does not claim the Reward or is not available within five (5) days of the notification, for any reason, Sponsor reserves the right to select another potential recipient from the eligible submissions. The decisions of Sponsor are final and binding.
  • 11. Potential recipient will be required to sign and return, via email, the Affidavit of Eligibility (“Affidavit”) and the Release and Authorization (the “Release”) forms provided by Sponsor within five (5) days of receipt in order to receive a Reward. If a potential recipient fails to return the Affidavit and the Release within five (5) days or if a recipient is deemed to be ineligible, the Prize will be forfeited and an alternate recipient may be selected from among all eligible submissions timely received, if time permits.

E. REWARD

  • 12. A total of eight (8) Rewards will be awarded by Sponsor. Each Reward includes a five-night stay in a standard room at any one of the participating Sponsor hotels (Sponsor to provide list of participating hotels at time of receipt of Reward) (approximate retail value (“ARV”) $500.00 per night) (the “Stay”) and a $1,000 gift card (collectively, a “Reward”). Total ARV of a Prize is $3,500. Prize is not transferable, changeable or refundable.
  • 13. The total ARV of the 8 Reward elements for this Series is $28,000.00 (excluding any applicable fees and taxes). ARV may vary depending on the hotel location, time of stay and hotel rate fluctuation. Any and all taxes on a Reward are the sole responsibility of the recipient. Recipient must furnish Sponsor an Internal Revenue Service (“IRS”) Form W-9 and will receive from Sponsor IRS Form 1099.
  • 14. The Stay portion of the Reward must be redeemed on or before December 31, 2021. Redemption of Reward is subject to availability, blackout dates, and Sponsor’s applicable booking terms and conditions.
  • 15. Reward elements are provided “as is” and without any warranty, representation or guarantee, express or implied in fact or in law, and any implied warranty of merchantability or fitness for a particular purpose. Reward is non-transferrable, non-exchangeable and cannot be redeemed for cash. No Reward substitutions allowed but Sponsor reserves the right to substitute a prize of equal or greater value in the discretion of Sponsor. Sponsor shall have no responsibility or obligation to a recipient who is ineligible for a Prize, or is unable to or who does not accept or utilize a Reward, for any reason. Recipient is responsible for any and all taxes, fees, security and passenger facility charges applicable to the Reward, which may not be issued without payment for taxes and fees.
  • 16. Recipient is responsible for any costs associated with booking additional accommodations during the stay and/or staying for additional nights (other than accommodations which are part of the Reward), and any other incidental charges (including, but not limited to, mini-bar expenses, laundry services, internet and room service, all federal, state, provincial, local and foreign taxes (if any) and gratuities) and any other unspecified expenses associated with acceptance or use of a Reward or additional nights.
  • 17. Travel expenses to and from the Stay destination by any method are not included in the Reward and are the Recipient’s sole responsibility.

F. PERSONAL DATA

  • 18. Information submitted in connection with the Series will be treated in accordance with these Official Rules and the Privacy Policy of Sponsor (which may be amended from time to time and is currently located at https://highgate.com/privacy-policy).

G. PUBLICITY

  • 19. Participation in the Series does not grant you any right or licence to use or display any name, logo or other trademark of Sponsor.
  • 20. Where permitted by applicable law, participating in this Series grants Sponsor, its parents, subsidiaries, affiliates, hotel management company and advertising and promotion agencies, and each of their respective affiliates the right to print, publish, broadcast, and use any materials submitted by you in connection with the Series (including without limitation your name, picture, voice, statements and other biographical information) for advertising, marketing and/or promotional purposes throughout the world in any and all media without compensation.

H. LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTIES

  • 21. BY PARTICIPATING IN THIS SERIES, YOU AGREE: (I) TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND (II) IN SO FAR AS IS PERMITTED BY APPLICABLE LAWS, TO FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, HOTEL MANAGEMENT COMPANY AND ADVERTISING AND PROMOTION AGENCIES (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH) FROM AND AGAINST ANY AND ALL LIABILITY FOR PERSONAL INJURIES, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DIRECT AND INDIRECT DAMAGES, AND DEATH OR PROPERTY DAMAGE RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (A) THE PARTICIPATION (OR THE INABILITY TO PARTICIPATE) IN THE SERIES AND/OR ANY ELEMENT OR ACTIVITY THEREOF OR (B) ANY PRIZE, INCLUDING ANY LIABILITY/DAMAGE RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (1) TRAVEL TO OR FROM OR PARTICIPATION IN ANY SERIES-RELATED ACTIVITY; OR (2) THE ACCEPTANCE, POSSESSION, USE, MISUSE OR NON-USE OF ANY PRIZE; ANY DEFECTS IN ANY PRIZE; ANY INABILITY TO USE ANY PRIZE; OR LOST, LATE, STOLEN, MISDIRECTED, OR DAMAGED PRIZE.
  • Without limiting Section 21 and where permitted by applicable law, Sponsor excludes all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Series and/or any Prize, and in so far as is permitted by applicable laws, under no circumstance shall Sponsor have any liability that exceeds the value of any Prize awarded.

I. GOVERNING LAW

  • 23. These Official Rules, and any dispute or claim arising out of or in connection with them (including any non-contractual disputes or claims) will be governed by the laws of New York and the parties irrevocably submit to the exclusive jurisdiction of the courts located in New York, NY.

J. MISCELLANEOUS

  • 24. Sponsor reserves the right to suspend, modify, or terminate the Series, or these Official Rules at any time by posting updated Official Rules at: www.highgate.com/highgatehero.html.
  • 25. 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 these 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, unenforceable, or illegal provisions were not contained herein.
  • 26. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
  • 27. You 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 any provision.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Series-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.