Tree Decorating Contest (“Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN.A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility: Contest is open to all legal residents of California who are eighteen (18) years of age or older and have a valid email account at the time of entry. Employees of Christmas in the Park (“Sponsor”), Southwest Airlines Co. (“Southwest Airlines”), their advertising and promotions agencies, and their immediate families (spouse and parents, children and siblings and their spouses) and individuals living in the same households of such employees are ineligible. Eligibility is contingent on agreement to, and compliance with, these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.Winning a prize is contingent upon fulfilling all requirements set forth herein.Contest is subject to all applicable federal, state, and local laws and regulations. This Contest is offered in the United States only and shall only be construed and evaluated according to United States law. Do not enter this Contest if you are not located in the United States.
- To Enter: Contest starts on November 22, 2020 at 9:00 a.m. Pacific Time (“PT”) and ends on November 25, 2020 at 5:00 p.m. PT (“Contest Period”).
- Selection of Winner:This is a contest of skill. Your chances of winning depend on how well your entry reflects the judging criteria, as compared to the other entries in the Contest.
- Prize: Five (5) winners will each receive thirty thousand (30,000) Southwest Airlines Rapid Rewards® bonus points (subject to Rapid Rewards Restrictions set forth below). The approximate retail value (“ARV”) of each code is $384. Total ARV of all prizes is $1,920.ARV is as of the date of printing of these Official Rules.The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Winner is responsible for any additional costs needed to reach their destination if the Rapid Rewards points do not cover the entire cost of the flight.
- To Claim Prize: Winner will be notified by phone and/or email and will be required to complete and sign an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release (collectively, the “Required Documentation”). The Required Documentation will be mailed or emailed, based on the potential winner’s preference upon account validation. If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within three (3) days; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if Sponsor is unable to verify potential winner’s eligibility; if potential winner fails to sign and return the Required Documentation within the required time period or fails to comply with these Official Rules; if any prize is returned undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner will be selected from among the eligible entries.In the event that a potential winner is disqualified for any reason, the next received and eligible Submission received by Sponsor that is fully compliant with these Official Rules shall be deemed the winner, until the prize is awarded or until two (2) attempts have been made to award the prize and each attempt has failed.Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Contest Period.If unable to verify eligibility, Sponsor will select an alternate potential winner within a reasonable time thereafter.If applicable, winner’s guest must execute a Liability Release and, where legal, Publicity Release (“Guest Documents”), which must be returned with the winner’s Required Documentation prior to the issuance of travel documents or the guest portion of the prize will be forfeited.If a guest is younger than eighteen (18) years of age, guest’s parent or legal guardian must sign Guest Documents on behalf of such guest and accompany such minor guest at all times.
- Conditions:Payments of all federal, state, and local taxes are solely the responsibility of the winner.Winner may be required to sign an IRS Form W-9 with the winner’s full social security number or the equivalent.Failure to submit a Form W-9 upon request will result in forfeiture of the prize.Winnings of $600 or more will be reported to the IRS for the calendar year in which the prize is awarded.
- Indemnification; Limitation of Liability: NEITHER SPONSOR, SOUTHWEST AIRLINES, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY CONTEST-RELATED MATERIALS OR TRANSACTIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION.
- Construction and Disputes: Participants waive any right to claim ambiguity in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and Sponsor in connection with the Contest, shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Contest, but in no event attorneys’ fees. Sponsor reserves the right to correct clerical or typographical errors in Contest materials or these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Official Rules and Winner’s List:Official Rules and Winner’s List may be obtained by visiting Sponsor’s Facebook page at https://www.facebook.com/CITPSJ.Official Rules may also be obtained at the Event.
- Sponsor: Christmas in the Park, 171 Branham Lane, Suite 10-234, San Jose, CA 95136.Southwest Airlines Co. is not a sponsor, co-sponsor or administrator of this Sweepstakes.This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook.
To enter the Contest, Participants (as defined below) must have reserved a community or sponsor tree at www.christmasinthepark.com prior to the start of the Contest Period, and must decorate the tree at Christmas in the Park, inside History Park, at 635 Phelan Ave in San Jose, CA any time during the Contest Period (“Event”).
All entries become property of Sponsor and will not be acknowledged or returned .All ornaments should be picked up January 4-6 at the date your group is assigned. Ornaments not picked up will be recycled or disposed of. Individuals who do not follow all of the instructions, provide the required information in their registration, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.Entries must be received by November 25, 2020 at 5:00 p.m. PT to be eligible. Entries limited to one (1) per person. Sponsor’s computer is the official timekeeping device for this Contest.Questions, comments, or complaints regarding this Contest must be directed to Sponsor and not Facebook.
Entrants may not enter with multiple trees.Any attempt by any person found to enter or in any way attempt to obtain more than the authorized number of entries will be found to be ineligible, and their entries will be disqualified all as determined by Sponsor in its sole discretion.“Participant” is the authorized account holder of the email account used to reserve the tree.Participation must be by the Participant . Multiple entrants are not permitted to share the same email account.“Authorized Account Holder” is defined as the natural person who is assigned an account by the organization which is responsible for assigning such accounts or the account associated with the submitted email address.Potential winners may be required to show proof of being the authorized email account holder.If the identity of the individual who actually participated in the Contest cannot be resolved to Sponsor’s satisfaction, the affected individual’s Submission will be deemed ineligible.
Participants are required to provide truthful information and Sponsor will reject and delete any entry that it discovers to be false or fraudulent.Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements.
Judging will be based on the following categories:
* Creativity 25%
* Total Visual Appeal:25%
* Rules (must have read and complied with the Official Rules):25%
* In the event of a tie, the Submission with the highest score in the “Creativity” category will win.
a.Based on the above criteria, the top Contest submissions will be selected by a panel of judges provided by Sponsor on or about November 27, 2020. Participants need not be present to win. All potential winners are subject to eligibility verification by Sponsor.A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A PRIZE WINNER, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.
b.Sponsor will notify potential winner via email and or phone. Upon validation, potential winner must execute and return the Required Documentation (as defined below).
Prize must be accepted as awarded or prize will be forfeited and awarded to an alternate winner. Once the winner accepts the prize and returns all Required Documentation (as defined below) to Sponsor, winner is solely responsible for payment of taxes, if any, for the entire prize awarded, even if, for any reason, the winner does not use the entire prize.If the winner chooses to bring less than the allotted number of guests, the prize will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the winner.Travel accommodations and other restrictions apply. All costs and expenses associated with prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the prize, are the sole responsibility of the winner.No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor.Sponsor reserves the right, at its sole discretion, to substitute a prize or portion of a prize of greater or equal value of the advertised prize is unavailable.
Rapid Rewards Restrictions:Conditions of Southwest Airlines Rapid Rewards points apply. Potential winners will need to provide their Rapid Rewards account number to collect their prize.If you do not have a Rapid Rewards account number, you may register for an account by going online to www.southwest.com/rapidrewards. Rapid Rewards accounts are free.To redeem your prize, simply go to https://southwest.com/claimpartnershippoints and enter the requested information and the code provided on your printed certificate.Your points will automatically be deposited into your Rapid Rewards account.Points will be deposited into Member’s account approximately 72 hours after successfully redeeming the points as described above. Rapid Rewards points prizes do not count toward any increased or improved status in the Rapid Rewards Program, including any Southwest Airlines Companion Pass or Tier Status designation (e.g., A-List or A-List Preferred). Rapid Rewards points awarded are subject to the Southwest Airlines Rapid Rewards Rules and Regulations, available at www.southwest.com/rrterms. Southwest reserves the right to amend, suspend, or change the program and/or program rules at any time without notice. Rapid Rewards Members do not acquire property rights in accrued points and awards.Rapid Rewards points have no cash value and are void if sold, purchased, brokered, or bartered.The number of points needed for any particular Southwest Airlines flight is set by Southwest Airlines and will vary depending on destination, time, day of travel, demand, point redemption rate, and other factors and are subject to change at any time until the booking is confirmed. Points bookings do not include taxes, fees, and other government/airport charges of at least $5.60 per one-way flight.
By participating in the Contest, winner agrees to have his/her name, voice, likeness, photograph, statements, opinions, biographical information and/or Contest entry used in any advertising or broadcasting material, whether relating to this Contest or otherwise, in any media, worldwide, now known or hereinafter developed, in perpetuity, without additional notice, payment, or other compensation unless prohibited by law, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.
Sponsor is not responsible for lost, stolen, mangled, misdelivered, postage due, illegible, incomplete or late entries, telephone service outages, delays, busy signals, equipment malfunctions and any other technological difficulties that may prevent an individual from entering or claiming a prize.
Sponsor, it its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of Sponsor’s website, or otherwise in violation of the Official Rules.Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.In such event, Sponsor reserves the right, but not the obligation, to award any applicable prize(s) from the entries submitted before the cancellation, suspension, or modification of the Contest.Any attempt to undermine the operation of the Contest may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor reserves the right to make changes in the Official Rules, including the substitution of a prize of greater or equivalent value, which will become effective upon announcement.
Failure to comply with the Official Rules may result in Participant’s disqualification solely at the discretion of the Sponsor.
The Sponsor is not responsible for typographical or other errors in the printing, the offering or the administration of the Contest, or in the announcement of a prize.In any case, the final winner of all prizes will be determined, and prizes will be awarded, within a reasonable time after the end of the Contest Period, except as agreed between Sponsor and winner.
In the event a prize is mailed or emailed to a winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss.Sponsor is not responsible for the safe arrival of a prize.Sponsor is not responsible if potential winner does not receive his/her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Contest.Only the prize(s) set forth in these Official Rules will be awarded.If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, unawarded, eligible prize claims.
SPONSOR IS NOT RESPONSIBLE FOR LOST, STOLEN, MANGLED, MISDELIVERED, POSTAGE DUE, ILLEGIBLE, INCOMPLETE OR LATE ENTRIES, TELEPHONE SERVICE OUTAGES, DELAYS, BUSY SIGNALS, EQUIPMENT MALFUNCTIONS AND ANY OTHER TECHNOLOGICAL DIFFICULTIES THAT MAY PREVENT AN INDIVIDUAL FROM ENTERING OR CLAIMING A PRIZE.
THIS CONTEST OFFER IS BEING MADE EXCLUSIVELY BY THE SPONSOR.SPONSOR AND SOUTHWEST AIRLINES ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURE OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FRAUD, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSION WHETHER CAUSED BY SPONSOR, USER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST, OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESS OF SUBMISSIONS WHICH MAY LIMIT A PARTICIPANT'S ABILITY TO PARTICIPATE IN THIS CONTEST. NEITHER SPONSOR, SOUTHWEST AIRLINES, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR ANY DAMAGES OR INJURY INCURRED BY WINNER AND GUESTS AS A RESULT OF WINNING.
BY ENTERING, PARTICIPANTS AGREE TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY EACH OF SPONSOR, SOUTHWEST AIRLINES, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY AND ALL OTHER COMPANIES ASSOCIATED WITH THIS CONTEST (COLLECTIVELY, THE “RELEASED PARTIES”) AGAINST ANY AND ALL LIABILITY, DAMAGES, OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED), RELATED TO OR ARISING OUT OF (I) THE CONTEST, (II) PARTICIPANT’S PARTICIPATION IN THE CONTEST, AND (III) THE RECEIPT OR USE OR MISUSE OF THE PRIZE(S) AWARDED HEREIN AND TRAVEL REDEEMED THEREWITH.POSSIBLE CLAIMS OR CAUSES OF ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY AND EXPOSURE, INFECTION, AND/OR SPREAD OF COVID-19; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF SUCH PARTICIPANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST.
If for any reason a Participant's entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Participant’s sole remedy is another entry in the Contest, subject to availability and provided that the Contest has not then expired.
THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS.