PRIZE DISCLAIMER AND RULES
Win a Chicago-oriented prize from Choose Chicago (the “Giveaway”). This Giveaway is sponsored by Chicago Convention & Tourism Bureau, Inc., D/B/A Choose Chicago (“Sponsor”). The prizes will be donated by and provided to the winners by Choose Chicago’s business partners (the “Partners”). The Official Giveaway Rules as set forth below will be the controlling rules of the Giveaway.
- THE GIVEAWAY. Sponsor will host a series of giveaways on Instagram that ties into the When You Go You Know campaign. Each giveaway requires the entrant (the “Entrant”) to answer a trivia question related to a Choose Chicago Partner. Each Partner that participates has donated the prize for each giveaway. The giveaway will occur on Instagram via a static Feed post.
- HOW IT WORKS. On a Tuesday, beginning August 16, 2022, Sponsor will post an Instagram Story introducing the Partner, the giveaway, and the trivia question. Entrants can answer the trivia question in the Story via the multiple-choice engagement feature, which reveals the correct answer after a choice is selected. The next day, on Wednesday, Sponsor will post an Instagram Feed post with the same trivia question in the caption, as well as the details of the Giveaway and the prize to be awarded. To enter the Giveaway, the Entrant must comment with the correct answer on the Instagram Feed post and be following Choose Chicago. The giveaway will run through that Sunday (5 days), and a winner will be randomly selected and contacted via Instagram direct message (DM) by 5pm CST on Monday. The winner will have until 5pm CST on Tuesday to reply to our DM and claim their prize. If they do not reply by 5pm Tuesday, another random winner will be chosen and contacted at that time. That winner must reply by 5pm CST Wednesday to claim the prize. The process will repeat until a winner claims the prize. Winners will be put in touch with the respective Partner to obtain their prize. Choose Chicago reserves the right to adjust dates based on giveaway prize timing and availability.
- ELIGIBILITY. This Giveaway is open only to individuals who are residents of the United States and 18 years of age or older at the time of entry. The Giveaway is subject to all applicable federal, state, and local law and regulations. The Giveaway is void where prohibited or restricted by law. One entry per person per individual Giveaway.
Employees, contractors, officers and directors of Sponsor, its affiliates and Partners, suppliers, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Giveaway Entities”); and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Giveaway or win the prize. “Household members” shall mean people who share the same residence at least three (3) months a year.
The same Entrant may not win more than one (1) prize. Only one (1) Winner per household is permitted in this Giveaway series. No purchase or payment of any kind is necessary to win or claim a prize. Purchase or payment will not increase an Entrant’s chances of winning. Winner will be required to fill out and submit contact information, including name, verification of eligibility, phone number, email address, and any other information required by Sponsor.
By participating, Entrant agrees (a) to be bound by these Official Giveaway Rules; (b the decisions of the Sponsor is final on all matters relating to the Giveaway; (c) Entrant is not participating on behalf of any employer or third party; (d) in the event that Entrant does do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential Winner and/or finalist must be available to participate in any portion to the Giveaway that participation may be required to be considered eligible.
- WINNER SELECTION. Choose Chicago will randomly select winners from all eligible entries received during the Giveaway week. Potential Giveaway winner is subject to verification, including verification of eligibility. If an Entrant is unable to verify his/her information, the Entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate Winner in accordance with these Official Giveaway Rules in the event that any Winner is disqualified, cannot be contacted, is deemed ineligible for any reason, or is not available to participate in any applicable Giveaway events. As a condition of participating in this Giveaway, Entrants agree and acknowledge that in order to receive a prize and be deemed a Winner, Entrants must execute this Disclaimer and Official Giveaway Rules provided by Choose Chicago and agree to the terms herein.
- WINNER NOTIFICATION. Winner will be notified as provided herein. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible Entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Giveaway. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of Entrants. The Giveaway Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s). The potential prize Winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty-four (24) hours after the first delivery attempt to Entrant’s e-mail address in order for the potential prize Winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize Winner’s failure to return all required forms within this time period may result in the potential Winner being disqualified and, in such event, the Sponsor may randomly select an alternate Winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
- PRIZE CONDITIONS. The Prize is subject to certain terms and conditions as specified herein. Substitute prizes may be awarded.
Winner will be required to complete and return the applicable forms and releases. Winner must sign a prize acceptance form. Winner must also sign a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release.
If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate Winner in its sole discretion. Unclaimed prize(s) may not be awarded. Any and all other expenses not specifically mentioned herein are the sole responsibility of the Winner. If, for any reason, any part of the prize shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize or portion thereof.
If ticketed events, including sporting events, have been awarded as part of this prize package and the ticketed event, including sporting event, is postponed, rained out, canceled, or for other reasons does not occur, the Sponsor will not be responsible for replacing that portion of the prize. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Giveaway Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, Winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, established by the Sponsor’s prize Partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize Partner(s), if any, such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility.
A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. The prize may be fulfilled by a third party. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of Winner).
BY ACCEPTING PRIZE, WINNER(S) ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
- TERMS OF USE Each Entrant agrees to indemnify and hold harmless the Sponsor and Partners, their employees, officers and agents (the “Released Parties”) from and against any and all claims, losses, damages and/or liabilities (including reasonable attorneys’ fees and expenses) that may be asserted against or incurred by any of them at any time, in connection with the use thereof, and/or by Entrant’s breach of any representation, warranty or covenants associated with this Giveaway.
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants; (2) unauthorized human intervention in any part of the entry process or operation of the Giveaway; or (3) technical or human error which may occur in the administration of the Giveaway or the processing of entries. The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Giveaway, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Giveaway and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Giveaway as planned for any reason; and/or (ii) stop or conclude the Giveaway at any time without prior notice. Material changes to the Official Giveaway Rules will be available at the Sponsor’s booth during the Industry Event, when practical. In the event of termination of the Giveaway by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
- PUBLICITY. By accepting a prize, Winner grants the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each Winner’s name may be included in a publicly available Winners list.
- USE OF PERSONAL INFORMATION. The Sponsor will retain the Entrant’s personal information for a reasonable period of time to enable it to send that Entrant any prize that they have won and to verify that these Official Giveaway Rules have been complied with, and for accounting purposes. This information may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal information will be in accordance with, and subject to, the Sponsor’s privacy policy. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that Entrant opts into any available opportunities to receive information from a third party, that may or may not be associated with this Giveaway, Entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to enter the Giveaway, and opting in will not improve your chances of winning. An Entrant’s email address or handle may be used by the Sponsor for the Sponsor’s marketing purposes.
- RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Giveaway, Each Entrant agrees to release and waive any and all claims of liability against the Released Parties from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Giveaway, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, Winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Giveaway and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the Winner’s name/likeness as set forth in Section 11 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or Winner or any person claiming through such Entrant or Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Giveaway Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to Winner.
- TAXES. Sponsor expects that no prize will exceed $600 in value. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to Winner may be reported to the IRS as required by law. Each Winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded and execute an IRS Form W-9. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
- CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Giveaway. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Giveaway and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide Winners are notified than prize(s) available, prize(s) will be awarded in a random Giveaway from among all such persons. Inclusion in such Giveaway shall be each Entrant’s sole and exclusive remedy under such circumstances. Any reference in these Official Giveaway Rules or as part of the Giveaway to the Sponsor’s “discretion” and/or any exercise of discretion by the Sponsor shall mean in Sponsor’s “sole and unfettered discretion.” The Sponsor further reserves the right to terminate the Giveaway if in its sole judgment, the rules or the integrity of the Giveaway have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Giveaway. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
- MISCELLANEOUS. Sponsor reserves the right to determine eligibility. Should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Giveaway. As a condition of participating in the Giveaway, Entrants agree that: (a) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, in the Circuit Court of Cook County, as set forth below, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth herein.
- COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Giveaway Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof. Choose Chicago, Winner, and Entrants agree that any legal actions, whether arising in either law or equity, must only be filed in the Circuit Court of Cook County, Illinois.