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MOHONK SUMMER SWEEPSTAKES TERMS & CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

  1. Eligibility: The Mohonk Summer Sweepstakes (“Sweepstakes”) is open to all natural persons who are legal residents of the 50 United States and District of Columbia, who are at least 18 years old and have a valid email account at the time of entry. Employees of Smiley Brothers, Inc. (“Sponsor”), Mohonk Mountain House, Jane’s Ice Cream, or 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 Terms and Conditions. Sweepstakes subject to all applicable federal, state, and local laws and regulations. Void outside the United States, in Puerto Rico, and where prohibited or restricted by law.
  2. Entries: Limit one (1) entry per person for Sweepstakes. Multiple entries from the same person will be disqualified.  Entries become the property of the Sponsor and will not be returned.  Proof of submission does not constitute proof of receipt. If applicable, inaccurate, lost, late, misdirected or incomplete or entry forms that have been tampered with will be disqualified. Online entrants must have valid email address and it is entrant’s responsibility to update Sponsor of any change in email address.  If there is a dispute as to the identity of an online entrant, Sponsor reserves the right to determine a winner and award the prize, or to hold another drawing, at its sole discretion.
  3. Attestation: By entering Sweepstakes, entrants attest that they are at least 18 years of age with a valid email account. Entrants are required to provide truthful information, and Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements, and may also delete any entry received from persons under the age of 18 in compliance with the Children’s Online Privacy Protection Act. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
  4. Representations: By participating in the Sweepstakes, entrant warrants and represents that his/her entry is original to the entrant, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity. The entrant further warrants and represents that entrant has all appropriate clearances, permissions and releases for the entry.
  5. Entry Period: Sweepstakes runs from JULY 4, 2019 at 12:01am through SEPTEMBER 1, 2019 at 11:59pm. (“Sweepstakes Period”).
  6. To Enter: To enter Sweepstakes, entrants must fully complete the Sweepstakes Entry Form. Entrants who enter the Sweepstakes by any other method shall be disqualified at the sole discretion of the Sponsor.
  7. Odds: Odds of winning will depend upon the total number of eligible entries received. Entrants need not be present to win.
  8. Drawing: On or about September 3, 2019, a random drawing from all eligible entries received will be conducted by Sponsor.
  9. Winner Notification: Winner will be notified by email within 24 hours after the random drawing takes place. All potential winners are subject to eligibility verification by Sponsor, whose decisions are final and binding. An entrant is not a winner of any prize, even if notified of being a winner, unless and until the entrant’s eligibility has been verified.
  10. Claiming Prize: To claim the prize, potential winners must reply in writing with language of acceptance to the email notification sent by the Sponsor within seven (7 days) of notification being sent. If a potential winner does not claim the prize within seven (7) days, the prize shall be withdrawn and an alternate winner shall be selected.
  11. Background Check: In the Sponsor’s sole discretion, potential winners and their travel companion may be required to successfully pass a background screening, administered by Sponsor, and be willing to provide all information needed to complete such required background screening. If a potential winner or his/her travel companion are unwilling to allow the background screening, or Sponsor, in its sole discretion, determines that a potential winner or his/her travel companion has not satisfactorily passed the background screening, the potential winner will have to forfeit the Prize, and Sponsor will have no liability to said potential winner, and an alternate winner will be selected.
  12. Prize: The prize shall consist of:
  13. a two (2) night stay (standard accommodations, single room, double occupancy for two (2) persons, who shall be the Winner and a person to selected by Winner, at the Mohonk Mountain House to be redeemed between the date of the Winner claiming the prize and one year thereafter. Hotel accommodations are at Sponsor’s discretion, subject to availability, and blackout dates may apply at Sponsor’s sole discretion. Arrangements must be made at least thirty (30) days prior to departure. Once scheduled, the itinerary cannot be altered and failure of Winner to follow such a schedule shall not obligate Sponsor in any way to provide the Winner with alternate arrangements. 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 and not a part of the prize itself, are the sole responsibility of the winner. Sponsor reserves the right, at its sole discretion, to award a prize of greater or equal value if the advertised prize is unavailable.
  14. Conditions: Payments of all federal, state, and local taxes are solely the responsibility of the winner. Winner will 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.
  15. Transfer: Prize must be accepted as awarded or prize will be forfeited and awarded to an alternate winner. No prize substitutions, cash equivalent, or transfer of prizes is permitted except at the sole discretion of the Sponsor. Prize may not be sold to a third party.
  16. Change in Terms and Conditions: Sponsor reserves the right to make changes in the Official Rules without notice, including the substitution of a prize of greater or equivalent value, which will become effective upon announcement.
  17. Construction: Entrants waive any right to claim ambiguity in these Terms and Conditions. All questions of construction shall be resolved at the sole discretion of the Sponsor, and the Sponsor’s decision shall be final and binding.
  18. Disputes: All issues and questions concerning the validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any participant and Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys’ fees. Sponsor reserves the right to correct clerical or typographical errors in Sweepstakes materials or Terms and Conditions. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
  19. Limitation of Liability: Neither Sponsor, nor their subsidiaries and affiliated entities is responsible for printing or typographical errors in any sweepstakes-related materials or transactions that are processed late or incorrectly or are lost due to computer or electronic malfunction.
  20. Partial Invalidation: 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.
  21. Indemnification: By entering, entrants agree to release hold harmless, defend and indemnify sponsor, 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 sweepstakes (collectively, the “released parties”) against any and all liability, damages, or causes or action (however named or described), related to or arising out of (i) the Sweepstakes, (ii) entrant’s participation in the Sweepstakes, and (iii) the receipt or use or misuse of the prize(s) awarded herein. 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; 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 sweepstakes 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 the Sweepstakes.
  22. Choice of Law: Any actions arising out of the Sweepstakes shall be exclusively governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
  23. Jurisdiction: The exclusive jurisdiction for any dispute shall be in the federal or state courts located in Ulster County, New York.
  24. Privacy: By participating in the Sweepstakes, winner agrees to have his/her name, voice, likeness, photograph, statements, opinions, biographical information and/or Sweepstakes entry used in any advertising or broadcasting material, whether relating to this Sweepstakes 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.
  25. WARNING: 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 TERMS AND CONDITIONS. SPONSOR FURTHER RESERVES THE RIGHT TO CANCEL, TERMINATE OR MODIFY THE SWEEPSTAKES 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 SWEEPSTAKES. ANY ATTEMPT TO UNDERMINE THE OPERATION OF THE SWEEPSTAKES 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.
  26. Terms & Winner’s List: Terms and Conditions and Winner’s List may be obtained by mailing a self-addressed stamped envelope and request to: Smiley Brothers, Inc., Mohonk Mountain House, 1000 Mountain Rest Road, New Paltz, NY 12561.
  27. Sponsor: The Sponsor of the Sweepstakes is Smiley Brothers, Inc., d/b/a Mohonk Mountain House.

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