NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THIS IS A SKILL-BASED CONTEST AND CHANCE PLAYS NO PART IN THE DETERMINATION OF THE WINNER. VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW. WINNER MAY BE REQUIRED TO SIGN AN AFFIDAVIT/ DECLARATION OF ELIGIBILITY, PUBLICITY AND LIABILITY RELEASE TO CLAIM THE PRIZE.
THIS CONTEST IS NOT SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM.
The Davidson Hospitality Group Social Media Contest (the “Contest”) begins at 12:01 a.m. EST on Friday, February 5, 2021 and ends at 11:59 p.m. EST on Friday, February 13, 2021 (the “Contest Period”). Sponsor’s computer is the official time keeping device for this Contest.
Sponsor: This contest is sponsored by Davidson Hotel Company LLC d/b/a Davidson Hospitality Group, located at One Ravinia Drive, Suite 1600, Atlanta, GA 30346, USA (“Sponsor” or “Davidson”).
Eligibility: The Contest is open to (“Entrants” or “you”) entrants who are legal U.S. residents residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their respective states/jurisdictions of permanent residence at the time of entry, whichever is older. Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each Entrant agrees unconditionally to the Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
How to Enter: To enter (“Entry” or “Submission”), you must:
(1) Follow Davidson on Instagram: @DavidsonHospitality
AND
(2) post a compelling, high quality digital photo of a hotel, resort or restaurant managed by Davidson Hospitality Group operating verticals to your personal Instagram pages utilizing the #DavidsonHospitality hashtag. Entrant must provide all required information requested by Davidson to confirm the Entrant’s identity and eligibility. Photo entry must be submitted by Entrant. Each entry must comply with the Entry Content Guidelines and Photograph Requirements listed below (“Photograph Requirements”):
Entry Content Guidelines and Photograph Requirements: Photos that you submit must comply with the following guidelines and requirements:
- Submissions are not limited to one per person – feel free to post as many photos as you’d like! The more stand-out photos that you post, the greater your chances are of winning.
- All photograph(s) submitted must be in digital format (e.g., JPG, PNG, or GIF).
- Submissions will only be considered valid if #DavidsonHospitality hashtag is used.
- All submissions must be posted from a public profile, because Davidson cannot see any content from private accounts. Should you need to create a new account that is public in order to post photos, that is acceptable.
- Any photo submitted that is not of satisfactory quality may be rejected, at Davidson’s sole discretion. Your photos must have been taken by you, must be your original idea and MUST NOT copy or otherwise plagiarize from any source.
- Photos MUST NOT have previously been published, released or distributed in a commercial context, and MUST NOT have previously won any award or photo contest.
- Photos must depict a property operated by Davidson. Photo content should include but is not limited to public spaces, lobbies, guest rooms and suites, restaurants, lounges and bars, roof decks, pools, spas, golf courses, beaches, building exteriors, hallways, interesting architecture, interior design, etc. We are only looking for property-specific photography, not destination-driven.
- For photos that include people, either individuals or groups, please ensure that you’ve received signed crowd release and/or individual photo release forms and make them available to Davidson if your image is selected as a winner.
- Photos MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement. Without limiting the foregoing, entry submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, books, articles, music, etc. or identifying descriptions of any media property, except those of Davidson or the hotel properties.
- For questions or clarification, please email Carrie Drost, Senior Director, Communications: cdrost@davidsonhospitality.com
What constitutes a great, high quality photo?
- No selfies
- Avoid photos with people, trash cans, various objects in the background
- Avoid photos that require flash
- Avoid filters
- Use natural light whenever possible
- Enable grid lines on your camera or phone to help with balance and symmetry
- Think about the golden hour for lighting (around 4-5 p.m., just before sunset) to avoid shadows
- Overhead food photos are excellent
- Avoid anything too close-up so that photo is contextualized and fosters a sense of place
Sponsor reserves the right to verify all facts. Failure to be able to validate the authenticity of your entry when requested may result in disqualification. Any photo submission must be a single work of original material taken by the Contest Entrant. By entering the Contest, Entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the Entrant, that the photograph does not infringe the copyrights, trademarks, moral rights, privacy, publicity, intellectual property rights, or other personal or proprietary rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph. By submitting an entry, Entrant further warrants and represents that he or she has secured the requisite consent from any third party referenced in the entry. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains infringing, obscene, offensive or inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.
Multiple Entrants are not permitted to share the same social media accounts. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Entries will not be acknowledged or returned. All entries must be posted by the end of the Contest Period. Proof of sending or submission will not be deemed by Sponsor to be proof of posting by Entrant. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the social media account used to enter the Contest will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned a social media account by the social media channel in question. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive account will be disqualified and ineligible to win. Sponsor is not responsible for any changes or effects caused to your computer system or video equipment as a result of submitting an entry.
Usage Rights in Entries. Sponsor and its designees shall have the unrestricted and non-exclusive right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use any or all entry materials, alone or in combination with other material including but not limited to essays, photos and/or videos in any and all media, whether now known or later discovered, in perpetuity, without restriction of any kind whatsoever, without further compensation to the Entrant or anyone else. Without limiting the foregoing, entries may be posted on websites managed by Sponsor and websites for hotel and resort properties managed by Sponsor for public viewing during and after the Contest Period. Sponsor reserves the right to review any entry prior to any such posting, to remove any entry at any time after posting, and to remove any incidental material that could be deemed infringing where doing so would not materially alter the entry and where the Entrant otherwise clearly intended to comply with these Official Rules, as determined by Sponsor. No guarantee is made that any particular entry will or will not be posted or as to the length of time between submission and posting. Sponsor reserves the right, in its absolute discretion, to determine if any particular entry is appropriate for posting. All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entry constitutes permission for Sponsor and its designees to use winner’s name, biographical information, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, for internal, advertising, Contest and other purposes without additional compensation, notification or permission, unless prohibited by law. Potential finalists and/or winners may be required to assign all rights in their photos (entries) to Sponsor without additional compensation.
Judging: All entries will be initially screened to make sure the content falls within the parameters under the Entry Content Guidelines and Photograph Requirements. Eligible entries will then be judged by a panel of judges selected by Davidson from its corporate marketing team, applying the following criteria (“Judging Criteria”): (i) originality (30%); (ii) appropriateness to theme (30%); and (iii) quality of expression (40%). The decisions of the judges are final and binding on all matters.
Winner Selection: At the conclusion of the judging, Sponsor will determine the winner by adding the judging results. This Entrant will be the potential Prize winner. Sponsor reserves the right to select an alternate winner if the Submission fails to fit with the Contest theme or other eligibility criteria as determined by the Sponsor in its sole and unfettered discretion.
Notification of Winner: The potential winners will be notified by February 19, 2021. The potential winners will be notified by direct message function on social media channel. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winner does not respond within five (5) days after the first attempt to notify him/her that he/she has been selected to receive a prize, that potential winner will be deemed to have forfeited the prize, the finalist with the next highest score, determined by Sponsor in its sole discretion, may be selected as an alternate potential winner in his/her place. In the event that the Sponsor, in its sole discretion, does select an alternative potential winner then that alternate potential winner will also have five (5) days to claim the prize, and must satisfy all eligibility requirements.
Except where legally prohibited, each potential winner may be required to complete and return, within seven (7) days after being notified, an Affidavit/Declaration of Eligibility, Publicity and Liability Release in order to claim his/her prize, along with an assignment of all rights in and to his/her entry (including copyright and a waiver of any moral rights to the extent allowed by law). Potential winner may also be required to verify ownership and rights/permissions for photograph and/or provide additional documents as may be required by Sponsor to confirm and/or assign rights in the entry. Failure to comply when requested may result in disqualification and selection of an alternate winner. If after the first attempt to contact him/her, he/she fails to respond or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other required documentation within the required time period, or in the event that a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the Entrant with the next highest score will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as undeliverable may result in disqualification and naming of an alternate potential winner. Only two (2) alternate winner selections will be made, after which the prize will remain un-awarded.
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Prize: The following prize is available:
A complimentary three-night stay, inclusive of taxes and fees, at the Davidson managed hotel or resort property of the winner’s choice.
Prize will be valid for one year from notification date; subject to availability and blackout dates apply. Excludes travel expenses, meals, and applies to the hotel’s standard room type for up to four people.
Total Approximate Retail Value (ARV) of the Prize: final Prize value will depend on the hotel/resort property chosen by the winner.
Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the Prize not specifically stated above, including but not limited to, income taxes payable on the total value of the Prize; resort or amenity fees; sales, use, room, resort and similar taxes imposed by government authorities; air travel costs, fees, taxes and tariffs; change of air travel fees; ground transportation, including rental car costs and insurance; meals; incidentals; personal charges at lodging; and other expenses are the sole responsibility of the winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. No prize transfer, assignment, or substitution by winner is 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. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
General Conditions: This Contest is governed by the laws of the United States. Void where prohibited by law and outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND 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 that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual (and all entries associated with such individual will be void), that Sponsor finds to be attempting to tamper with or undermine the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
Release of Liability: By entering the Contest, each Entrant agrees to hold Sponsor, the owners of the hotels and resorts managed by Sponsor, and their affiliated companies, franchisors, website providers, legal counsel, fulfillment and marketing providers, promotional and advertising agencies, and each of their respective directors, officers, employees, agents and assigns (collectively, the “Released Parties”) harmless against any liability for injuries, losses or damages of any kind to persons, including personal injury or death, or property caused or resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the Prize, any entry, or participation in the Contest, any Contest-related activity, or by acceptance or use of a Prize (including any travel or activity-related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any photo or essay or in any Contest-related materials. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to Acts of God, acts of war, natural disasters, weather, or terrorism. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or posting materials on any social media site or any website. By participating in this Contest, Entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Contest or the downloading from and/or printing material downloaded from such site.
By participating, you further agree that except where prohibited by law: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any 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 attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
Publicity Release: Except where prohibited by law, participation in the Contest constitutes winner’s grant to Sponsor (which grant will be confirmed in writing on request of Sponsor), and the Released Parties the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s entry, name, portrait, picture, voice, likeness, opinions and biographical information (including but not limited to hometown and state) for advertising, trade, and promotional purposes related to Sponsor and the hotel or resort property that is featured in the entry (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
By submitting an entry, Entrant agrees that such entry, communications or submissions, creative suggestions, ideas, notes, concepts or other materials (“Submissions”) that Entrant may submit to Sponsor or post to a social media site in connection with this Contest, including all rights embodied therein, whether posted via the website or electronic mail or some other means, with the exception of personally identifiable information as identified in Sponsor’s privacy policy, are deemed to be non-confidential and non-proprietary and Sponsor shall have no obligation of any kind with respect to such submissions. Sponsor shall be free to edit, exploit, modify, publish, reproduce, use, disclose, disseminate and distribute the Submissions to others without limitation in any and all media now known or not currently known, throughout the world in perpetuity for any purpose without compensation, permission or notification to Entrant or any third-party. Entrant hereby grants to Sponsor and its legal representatives, successors and assigns, in perpetuity, an irrevocable, and world-wide license to use the Submissions in any form or format and to modify the same, and Entrant acknowledges and agrees that if Sponsor does use the Submissions, Entrant shall not be entitled to any credit, consideration, notice or payments of any kind. Entrant waives any moral rights he or she may have to the Submissions, and agrees that if Sponsor elects to use Submissions for any purpose, all rights under copyright or other intellectual property rights which may result from that relating to Entrant’s Submissions or from use of the same by Sponsor shall be the sole property of Sponsor. Entrant further agrees that if Sponsor elects to use Entrant’s submissions, Entrant will execute any documents requested by Sponsor regarding this assignment. If any use by Sponsor of the Submissions causes it to be liable to any third-party, Entrant agrees to indemnify Sponsor and its agents, employees, affiliates, subsidiaries, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the Submissions.
All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH SOCIAL MEDIA SITE AND WEBSITE ASSOCIATED WITH THIS CONTEST AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Governing Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of Georgia, without giving effect to any choice of law or conflict of law rules, which would cause the application of laws of any other jurisdiction.
Privacy: Any information you submit is subject Sponsor’s privacy and cookie policies posted at https://davidsonhospitality.com/privacy-policy/
Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Official Rules & Winner’s Name: For the winner’s name or for a copy of the Official Rules please visit https://davidsonhospitality.com/socialphotocontest2021/
Copyright© 2021 Davidson Hotel Company LLC. Davidson® and other logos or trademarks listed herein are trademarks of Davidson Hotel Company LLC and/or other companies in the United States and other countries. All rights reserved.