WYNDHAM REWARDS® TOP 10 PROMOTION TERMS AND CONDITIONS
NO PURCHASE, PAYMENT OR SUBMISSION TO A SALES PRESENTATION NECESSARY TO PARTICIPATE OR RECEIVE A GIFT. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF RECEIVING A GIFT.
SPONSOR: Wyndham Hotel Group, LLC (“Sponsor”), 22 Sylvan Way, Parsippany, NJ 07054 (the “Sponsor”). This Promotion is not offered or sponsored in any way by Professional Golf Association, Inc. (“PGA”). Participant irrevocably waives all claims against PGA) and agrees that PGA will have no liability or responsibility for any claim arising in connection with participation in this Promotion or any gifts awarded.
PROMOTION PERIOD: Wyndham Rewards Top 10 Promotion (the “Promotion”) begins at 12:00:00 AM Eastern Time (“ET”) on August 1, 2019 and ends at 11:59:59 PM ET on August 4, 2019 (the “Promotion Period”). For purposes of these Terms and Conditions, a day is defined as 12:00:00 AM ET through 11:59:59 PM ET.
ELIGIBILITY/CONDITIONS OF PARTICIPATION. The Promotion is open to attendees of the Wyndham Championship Tournament (each a “Participant”) scheduled to be held August 1, 2019 – August 4, 2019 at the Sedgefield Country Club located in Greensboro, NC (the “Event”) who are at least 18 years of age or older at the time of participation. Event dates and times are subject to change. Void where prohibited and restricted by law. Employees, officers and directors of Sponsor, Wyndham Rewards, Wyndham Hotels & Resorts, PGA, PGA TOUR, Inc., Sedgefield Country Club, and each of their respective parent company, affiliates, subsidiaries, advertising and promotion agencies involved in this Promotion, and their immediate family (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and household members, are not eligible to participate. Participation constitutes Participant’s full and unconditional agreement to these Terms and Conditions. Failure to comply with any of these Terms and Conditions, or cooperate with Promotion officials or the Sponsor, will disqualify any otherwise eligible Participant.
HOW TO PARTICIPATE: During the public hours of the Promotion Period, Participants must find all ten (10) Wyndham Rewards Top 10 Destination photo stations designated by Sponsor and collect one (1) unique destination pin at each station (“Destination Pin”). Once you have collected all ten (10) Destination Pins, proceed to the Wyndham Rewards Top 10 Destinations Pavilion to redeem your ten (10) Destination Pins. The first one hundred (100) Participants to collect all ten (10) Destination Pins and redeem them at the Wyndham Rewards Top 10 Destinations Pavilion each day during public hours of the Promotion Period will receive one (1) exclusive Wyndham Rewards Top 10 pin (“Top 10 Pin”), three thousand (3,000) Wyndham Rewards points, and Wyndham Championship Tournament Ticket Upgrade for Participant including unlimited Pedicab Rides and Club Wyndham Beach Access (“Exclusive Gift”). A total of four hundred (400) Exclusive Gifts will be distributed. If a Participant fails to redeem all ten (10) unique Destination Pins for any reason, such Participant will be ineligible to receive an Exclusive Gift. Further, different Participants cannot combine their Destination Pins in any way or participate on behalf of another Participant. Limit one (1) Exclusive Gift per Participant. No more than the number of Exclusive Gifts stated in these Terms and Conditions will be awarded. Participant must be present at the time of redemption to receive the Exclusive Gift.
EVENT CONDUCT: The conduct of each Participant will be under the supervision of Sponsor and the Event Staff whose decisions are final and binding in all aspects relating to the Promotion. A Participant may be removed from the Event premises at the sole discretion of the Sponsor or Event Staff for any reason at any time, including but not limited to the advice of the Event Staff, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, unsportsmanlike conduct, or for any unhealthy, unlawful, unsafe, or inappropriate act. If a Participant who in the opinion of the Sponsor or Event Staff is considered a physical or mental threat to the well-being of any of the other Participant or the Event staff, he/she may be removed from Event premises. Any act performed by a Participant defined by Federal, State or Local statute or ordinance as constituting a criminal act may result in removal from Event premises. At the sole discretion of the Sponsor and the Event Staff, if a Participant uses profanity, or demonstrates any lewd or sexually suggestive gestures or full or partial nudity, the Sponsor shall have the right to remove that individual from Event premises. At the sole discretion of the Sponsor and the Event Staff, if a Participant creates the potential for death, disability, injury and/or property damage during the Event, the Sponsor and/or the Event Staff, shall have the right to remove that individual from Event premises. By participating in the Event, each Participant grants Sponsor the right to videotape such Participant’s participation in the Event and consents to the use of his/her name, hometown and biographical information, voice, picture, video, image and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide and on the Internet and/or World Wide Web, without notice, review, or approval, except where prohibited by law. Participants participating in the event must not be: (i) represented under a contract (e.g., by a talent agent or manager) either at the time of participation or at any time prior to the Event; (ii) subject to an acting, modeling or any other contract that would make his/her appearance in the work a violation of any third-party rights; or (iii) under any other contractual relationship, including but not limited to any guild or union memberships, that would in any way limit or impair Sponsor’s ability to display or use his/her name, hometown, biographical information, voice, picture, video and/or or likeness in any media form, in perpetuity on a royalty-free basis, without any payment of fee obligations of any kind.
FOUR HUNDRED (400) EXCLUSIVE GIFTS WILL BE DISTRIBUTED: Each Exclusive Gift consists of one (1) Top 10 Pin, three thousand (3,000) Wyndham Rewards points and Wyndham Championship Tournament Ticket Upgrade for Participant including unlimited Pedicab Rides and Club Wyndham Beach Access. Approximate Retail Value (“ARV”) of each Exclusive Gift: $139.00 Total ARV of all Exclusive Gifts to be distributed: $55,600. The ARV for each Exclusive Gift set forth above represents Sponsor’s good-faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event that the stated ARV of an Exclusive Gift is more than the actual fair market value of such gift, the difference will not be awarded in cash or otherwise. Exclusive Gifts may not be substituted except that Sponsor at its discretion may substitute the Exclusive Gift, or a portion thereof, with a gift or portion of comparable or greater value in Sponsor’s sole and absolute discretion. Exclusive Gift recipients are solely responsible for any and all expenses and costs associated with the acceptance and use of an Exclusive Gift including but not limited to any and all Federal, State and local taxes on gifts. Each Exclusive Gift recipient must be or become a Wyndham Rewards member in order to redeem the 3,000 Wyndham Rewards points. The Wyndham Rewards loyalty program is free to join and open to individuals 18 years or older. To join and for terms and conditions of the program, go to http://wyndhamrewards.com. Each Exclusive Gift recipient will receive a unique link redeemable for 3,000 Wyndham Rewards points. Points must be claimed within 90 days of activation date. Wyndham Rewards redemption levels and merchandise are subject to change and are maintained exclusively by Wyndham Rewards. Wyndham Rewards Points unique link is not redeemable for cash. All amounts are represented in U.S. dollars unless otherwise stated. Member must have enough points for all bedrooms in desired accommodation to book award nights. Resort fees apply at Caesars Entertainment properties, even for award nights, and cannot be paid with points. Cancellation policies vary by property. Blackout dates/rates, minimum length of stay requirements & other restrictions apply. Most properties applies to room rate only, including taxes. If an Exclusive Gift is lost, stolen, or misplaced, the Sponsor will not replace the Exclusive Gift nor will the Sponsor be liable or responsible to the Exclusive Gift recipient for the lost, stolen, or misplaced Exclusive Gift.
WAIVER OF LIABILITY AND RELEASE: By participating in the Promotion, Participant waives, discharges and fully releases Sponsor, its parent company, affiliates, subsidiaries, advertising and promotion agencies involved in this Promotion (collectively, the “Released Entities”) from any and all liability, injury, damage or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Promotion or from the receipt or use of any gift or from any activity related to the receipt or use of any gift. By receipt of an Exclusive Gift, each Exclusive Gift recipient agrees to release and hold harmless the Released Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property arising out of participation in the Promotion or receipt or use or misuse of the Exclusive Gift.
PUBLICITY: Except where prohibited, each Exclusive Gift recipient, by acceptance of an Exclusive Gift, grants to the Released Entities the right to publicize his/her name, address (city and state of residence), photograph, voice, statements and/or other likeness and gift information in any and all media now known or hereafter devised, for advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law. Persons who tamper with or abuse any aspect of the Promotion or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or who intend to annoy, abuse, threaten or harass any other Participant or any representative of Sponsor and/or the Released Entities, or who are in violation of these Terms and Conditions, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Sponsor and its agents. Sponsor shall have the sole right to disqualify any Participant for violation of these Terms and Conditions or any applicable laws relating to the Promotion and to resolve all disputes at its sole discretion. Notwithstanding anything in these Terms and Conditions to the contrary, Released Entities (i) make no warranty, guaranty or representation of any kind concerning any gift, and (ii) disclaim any implied warranty.
GENERAL CONDITIONS: Sponsor may terminate this Promotion or decide to modify it in any manner that it deems fair and equitable to eligible Participants and Exclusive Gift recipients if it becomes aware of any occurrence that would materially affect the Promotion security and fairness. Sponsor may prohibit individuals from participating in this Promotion and disqualify Participants and Exclusive Gift recipients if they (1) attempt to participate in the Promotion through any means other than as described in these Terms and Conditions, (2) attempt to disrupt the Promotion or circumvent these Terms and Conditions in any way or (3) repeatedly show a disregard for the Terms and Conditions or act (a) in an unsportsmanlike manner or (b) with an intent to annoy, abuse, threaten or harass any other Participant, Exclusive Gift recipient or Sponsor.
CAUTION: ANY ATTEMPT BY AN PARTICIPANT TO DELIBERATELY DAMAGE OR TO UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event the Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including but not limited to fire, flood, epidemic, earthquake, hurricane, 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 Promotion without notice or further obligation. If the Sponsor, in its sole discretion, elects to abbreviate, cancel or terminate the Promotion as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the Exclusive Gifts from among all valid and eligible Participants up to the time of such Force Majeure event. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
DISPUTES: By entering the Promotion, each Participant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any gifts awarded shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering the Promotion and in no event will the Participant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any Participant be permitted to obtain any award for and Participant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New Jersey. Any legal proceedings arising out of this Promotion or relating to these Terms and Conditions shall be instituted only in the federal or state courts located in the State of New Jersey, Morris County, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
TERMS AND CONDITIONS: To request a copy of these Terms and Conditions, send a self-addressed, stamped #10 envelope to Wyndham Rewards Top 10 Promotion, c/o Centra360, 1400 Old Country Road #306, Westbury, NY 11590. Vermont residents may omit return postage. All requests must be received by September 30, 2019.
NATURE OF SPONSOR’S BUSINESS: Travel.