The Cleveland Holiday Experience Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

1. Eligibility:
   The Cleveland Holiday Experience Sweepstakes (“the Promotion”) is open to legal residents of the United States who are at least twenty-one (21) years old at the time of entry. Employees of Destination Cleveland, prize provider and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Participants and eligibility are subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to applicable laws, these Official Rules, and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
    
2. Sponsor:
   Destination Cleveland, 334 Euclid Avenue, Cleveland, Ohio 44114
    
3. Agreement to the Official Rules:
   By participating in the Promotion, entrant warrants that you fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
    
4. Consent:
   By participating in the Promotion, Entrant agrees and consents to Destination Cleveland sending the participant other marketing materials from time to time, via electronic or print media. Procedures for opting out of additional marketing and promotional materials after this Promotion may be found in Destination Cleveland’s privacy policy found on its website at https://www.thisiscleveland.com/legal/privacy/.
    
5. Promotion Period:
   The Promotion begins on Monday, November 13, 2023, and ends on Monday, November 27, 2023, on or around 11:59 p.m. EST (the "Promotion Period").
    
6. How to Enter:
   During the Promotion Period, participants can visit https://www.thisiscleveland.com/thing-to-do/holidays and click on the entry link, where they will need to then fill out an entry form.
    
7. Prizes and Average Retail Value (ARV):
   One (1) Grand Prize Winner will receive:
   • Three (3)-night stay at the Hyatt Regency Arcade, December 21 – 24, 2023.
   • Four (4) tickets to each of the following attractions:
     • House from A Christmas Story
     • FROST
     • Trans-Siberian Orchestra at Rocket Mortgage FieldHouse, Friday, December 22, 2023.
   • One (1) $100 gift certificate to the West Side Market.
   
   
   The Grand Prize Winner will be randomly chosen on or about Friday, December 1, 2023. Winners are responsible for all federal, state and local taxes, if any, with acceptance or use of any Prize. Prizes are provided "as is" and without any warranty of any kind. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Prize must be claimed within 48 hours of notification.
    
8. Winner Selection and Notification:
   The Grand Prize Winner will be randomly chosen on or about Friday, December 1, 2023, from among all eligible entries, at which time the Winner will be promptly notified. The Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. The selected winner must contact Sponsor via the information provided at the time of the announcement to collect the prize within 48 hours of notification, or selected winner will forfeit their prize and another winner will be chosen. All results of the selections are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever, or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate winner. No more than the advertised number of Prizes will be awarded. Sponsor reserves the right to change the Prizes at any time.
    
9. Odds of Winning:
   The odds of winning depend on the number of eligible entrants.
    
10. Publicity:
    Except where prohibited, participation in the Promotion constitutes an entrant's consent for the Sponsor, and the Sponsor's designees to use entrant's name, likeness, voice, opinions, biographical information, and city and state of residence for advertising, trade, publicity and/or promotional purposes in any media, including the World Wide Web, without review, notification, or approval and without further compensation.
     
11. Release:
    By receipt of any prize, winner agrees to release and hold harmless the Sponsor, administrator, prize provider and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “released parties”) 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 sweepstakes or receipt or use or nonuse or misuse of any prize. Further, Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
     
12. General Conditions:
    Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to 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.
     
13. Disputes:
    Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court of competent jurisdiction located in Cuyahoga County, USA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (4) all issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of entrants or Sponsor in connection with the sweepstakes shall be governed by and construed in accordance with the laws of the state of Ohio 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 laws.
     
14. Personal Information:
    Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy: https://www.thisiscleveland.com/legal/privacy/.
     

AFFIDAVIT OF ELIGIBILITY; LIABILITY AND PUBLICITY RELEASE

I (the “Releasor”) am submitting this Affidavit of Eligibility and Liability and Publicity Release (“Affidavit”) to Destination Cleveland, its prize providers and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “released parties”), with the understanding that the released parties will rely upon this Affidavit to award me the Prize (defined below) in the The Cleveland Holiday Experience Sweepstakes. The Grand Prize consists of a three (3)-night stay at the Hyatt Regency Arcade, December 21 – 24, 2023; four (4) tickets to each of the following attractions: House from A Christmas Story, FROST and Trans-Siberian Orchestra at Rocket Mortgage FieldHouse, Friday, December 22, 2023; as well as a $100 gift certificate to the West Side Market.

In consideration for the Prize and any related award, and intending to be legally bound herein, I represent and agree as follows:

I have read, complied with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Official Rules of the Sweepstakes. I am eligible to claim the Prize in accordance with the Official Rules. All of the information I have and will provide to Destination Cleveland is true, accurate, and complete. I have not perpetrated any fraud or deception nor have I influenced the outcome of the Sweepstakes with the exception of my lawful participation in the Sweepstakes. I am not an employee or agent of Destination Cleveland, its prize providers or their parent and affiliate companies. I am not an immediate family member (spouse, mother, father, sister, brother, daughter, or son) or member of the same household (whether related or not) of any employee or agent of Destination Cleveland, its prize providers or their parent and affiliate companies. I have not participated in the Sweepstakes on behalf of any employee or agent of Destination Cleveland, its prize providers or their parent and affiliate companies;

• I understand that Destination Cleveland may be required to advise the Internal Revenue Service of the value of the Prize awarded to me in the form of a Form 1099, and, I will provide all information necessary to complete any form required by the IRS and/or Destination Cleveland;
• I hereby represent that I will not use the Prize or any materials associated with the Prize to disparage Destination Cleveland, its prize providers or their parent and affiliate companies, their employees or agents, or otherwise take action that may reflect negatively on Destination Cleveland, its prize providers or their parent and affiliate companies;
• I state that all information I have submitted is true and accurate. I agree to return to Destination Cleveland immediately upon demand any Prize or the value of said Prize awarded to me if any statement made by me in this affidavit is false or should be shown to be false;
• I grant the Released Parties (defined below) the absolute right and permission to make, reproduce, broadcast, or otherwise use my name and likeness, any photographs, films, videos, recordings, or other depictions or images of me and/or other information or materials provided by me in connection with this Prize or Sweepstakes throughout the universe and in any and all advertising and promotion materials, in any manner or media whatsoever for purposes of art, advertising, editorial, trade, commercial or promotion or any other purpose whatsoever, without further compensation;
• I, on behalf of myself, my heirs, assigns and successors, and any other person(s) who may take by or through me, hereby unconditionally and forever RELEASE, WAIVE ANY CLAIM, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY Destination Cleveland, its prize providers and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, “Released Parties”), from and against any liability for any and all claims, demands, losses and liabilities of any nature whatsoever which I may now or hereafter be entitled to assert, including, but not limited to: death, injury, loss of enjoyment, property damage, or other harm or loss of any nature, libel, copyright, invasion of privacy or rights of publicity, and other claims based on publicity rights; privacy rights; personality rights; “moral rights”; and defamation, and any and all taxes levied, assessed or collected in connection with the Sweepstakes, the prize, or my possession, acceptance, use, or misuse thereof, or my other acts or omissions in connection therewith;
• I understand that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and agree that if any portion of the agreement is held invalid, the remainder will continue in full legal force and effect. I further agree that ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY ARBITRATION SHALL TAKE PLACE IN THE CITY OF CLEVELAND, OH.

I HAVE CAREFULLY READ THIS AFFIDAVIT AND AM SIGNING IT VOLUNTARILY. IN SIGNING THIS AFFIDAVIT, I UNDERSTAND THAT I AM GIVING UP MANY LEGAL RIGHTS THAT MAY OTHERWISE BE AVAILABLE TO ME. THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN ME AND THE RELEASED PARTIES REGARDING ITS TERMS.