“HoJo Foot Selfie” Sweepstakes
Official Rules.


NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING. 

The “HoJo Foot Selfie” Sweepstakes (the “Sweepstakes”) is intended for legal United States residents and shall only be construed and evaluated according to applicable federal law and New Jersey state law. Do not enter this Sweepstakes if you are not located in, and a legal U.S. resident, and otherwise ineligible to enter in accordance with these Official Rules at the time of entry.

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Howard Johnson International, Inc., 1 Sylvan Way, Parsippany, NJ 07054 (the “Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).

ELIGIBILITY: The Sweepstakes is open and offered to legal U.S. residents who have reached the age of majority in their state of residence at the time of entry (the “Entrants”). Employees, officers, agents, attorneys and representatives of the Sponsor, NM+U Marketing Communications, Inc., the Administrator, (collectively, the “Released Parties”) their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law.

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Administrator, which shall be final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 12:00:01pm ET on March 10, 2017 and ends at 1159:59am ET on April 21, 2017 (“Sweepstakes Period”). The Sweepstakes Period will be separated into six (6) separate Entry Periods (“Entry Period”):

Entry Period

Start Date

End Date

1

3/10/2017

3/16/2017

2

3/17/2017

3/23/2017

3

3/24/2017

3/30/2017

4

3/31/2017

4/6/2017

5

4/7/2017

4/13/2017

6

4/14/2017

4/21/2017

Entrants must have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com. During the Sweepstakes Period, Entrants will be instructed to post (via a personal Instagram account) a ‘foot selfie’ (the “Theme”) and geotag the location of the photo. Within the post, each Entrant must use the promotional hashtag, #HoJoFootSelfieSweeps. By posting a Theme applicable photo (Sponsor’s sole discretion) with the promotional hashtag, an Entrant will automatically receive one (1) Sweepstakes entry. Limit one (1) entry per Entrant.

All entries should adhere to the Instagram Guidelines and their Terms of Service that are posted on the Instagram website, www.instagram.com. By submitting an Entry via Instagram, each Entrant consents to receive from the Sponsor an Instagram comment, if applicable, an email notifying such Entrant that he/she is a potential Prize Winner. Entries posted by a private Instagram account will not be recognized. Entrants will be required to have a public Instagram account in order to accept an eligible entry. In addition, Entrants must enter the Sweepstakes using a personally-registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, may be disqualified.

All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https://www.wyndhamhotels.com/hojo/about-us/privacy-notice. By participating in the Sweepstakes and providing any applicable contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

ENTRY REQUIREMENTS AND RESTRICTIONS: The Entrant is responsible for all costs associated with submitting an entry. In the event that more than one of the same photo is submitted, only the first submission received shall be accepted. In order to be eligible, entries must actually be received by the Sponsor during the Submission Period.  Entries received by the Sponsor before the start of the Submission Period or after the end of the Submission Period are VOID. Proof of submitting an entry will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry. Your submission of an entry constitutes your representation of eligibility, consent to participate in Sweepstakes and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Sweepstakes administration. 

By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Sweepstakes of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.

Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation. Sponsor reserves the right to delete, disregard, or blur any content from a submission without disqualifying the entry where, in Sponsor’s determination, such change does not materially alter the submission and the Entrant has otherwise attempted in good faith to comply with these Official Rules.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize.  Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. 

DRAWING AND NOTIFICATION OF POTENTIAL WINNERS: Following the conclusion of each Entry Period, one (1) potential First Prize Winner will be selected in a random drawing from among all eligible entries received (6 First Prize drawings total). Odds of winning a First Prize will depend on the total number of eligible entries received at the time of each drawing. Each First Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The potential First Prize Winners will be contacted by the Sponsor (or Sponsor representative) via Instagram comment.

Following the conclusion of Sweepstakes Period, one (1) potential Grand Prize Winner will be selected in a random drawing from among all eligible entries received. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The Grand Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The potential Grand Prize Winner will be contacted by the Sponsor (or Sponsor representative) via Instagram comment.

PRIZES: One (1) Grand Prize and six (6) First Prizes will be awarded. The Grand Prize Winner (“Grand Prize Winner” or “Winner”), will receive one (1) weekend (up to 3 nights) at any Howard Johnson hotel (Approximate Retail Value (“ARV”) - $300).  Each First Prize Winner (“First Prize Winner” or “Winner”) will receive one (1) $250 prepaid VISA gift card. Total Prize Pool - $1,800.

The Prizes consists only of the items described above. All costs associated with the use of the Prize(s) that is not expressly described as being included with the Prize are the Winners’ responsibility. The value of the Prizes set forth above represents Sponsor’s good faith determination of the ARV thereof and such determination is final and binding and cannot be appealed. If the actual value of a Prize turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE WINNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a Prize (or Prize component) with another Prize of equal or greater value.

PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize(s) awarded. The Winners will each be responsible for all local, state, and federal taxes associated with the receipt of their accepted Prize. The Winners are solely responsible for all matters relating to Prizes after they are awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached via phone or email within three (3) calendar days from the first notification attempt, or if a potential Winner is not in compliance with these Official Rules, then such potential Winner shall be disqualified and an alternate Winner may be selected for the Prize at issue.

By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(s).

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator and Sponsor in connection with the Sweepstakes 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 any other state’s or jurisdiction’s laws.  By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

WINNERS LIST REQUEST:  To request the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, for receipt by June 12, 2017, to: Alliance “HoJo Foot Selfie” Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607.

This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Instagram.