Sponsor has put in place enhanced health and safety protocols to reduce the spread of COVID-19 and to better protect our visitors, guests, and employees; however, Sponsor cannot guarantee that Participants will not become infected with COVID-19 in connection with acceptance of the Prize (as further described below), which includes travel and a vacation package. Further, visiting a Caesars-affiliated property could increase Participants’ risk of contracting COVID-19. By participating in this Promotion, each Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Participant may be exposed to or infected by COVID-19 in connection with Prize and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. The “Escape to the Empire” (“Promotion”) is sponsored by Caesars Enterprise Services, LLC (“CES”), located at One Caesars Palace Drive, Las Vegas, NV 89109, and the participating properties identified below under “Participating Properties” (each, a “Participating Property” and collectively with CES, “Sponsor”). The promotion period begins on Friday, August 14, 2020 at 12:00:01 a.m. PT and ends on Monday, August 31, 2020 at 11:59:59 p.m. PT (the “Promotion Period”). All times referred to throughout these Official Rules are Pacific Time (“PT”). “Promotion Entities” means Sponsor, Sponsor’s parent and each of Sponsor’s affiliated and subsidiary companies, along with each of their respective officers, directors, shareholders, members, employees, and agents.
OVERVIEW: This Promotion allows eligible Participants to visit the Promotion Website and build out their ideal vacation and receive a digital Drawing Entry for a chance to win a prize.
Notice Regarding Dispute Resolution: These Official Rules contain provisions that govern how claims you and we may have against each other are resolved (see Rule 45 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Rule 45(e).
a. A resident of the 50 United States, the District of Columbia or Canada (excluding Quebec);
c. In possession of access to a computer or mobile device with internet access as of Friday, August 14, 2020.
2. Void in the province of Quebec and where prohibited or restricted by law.
3. The following individuals are not eligible to enter the Promotion:
a. Officers, directors and employees of the Good Morning America Entities (as defined below), Sponsors or any of its subsidiaries, affiliates or parent companies who are (i) director level or above or (ii) involved in coordinating or executing promotions on behalf of Sponsor;
b. Employees or contractors of any advertising agency or marketing services firm that is providing any services to Sponsor in connection with the Promotion;
c. The spouse or child of an employee described in (a) or (b) above;
d. Anyone sharing the same primary residence as an employee described in (a) or (b) above; or
e. Individuals who are excluded from Sponsor facilities, including through a government program, at Sponsor’s discretion, or by their own request.
4. This Promotion is subject to all applicable federal, state and local laws and regulations, including gaming regulations, and all aspects of the Promotion are subject to the approval of the appropriate regulatory authorities if required.
5. Participants may be required to present their Caesars Rewards card and valid picture identification (driver’s license, state identification card, or military identification card) to collect prize.
6. Except where prohibited by law, Participants agree to allow Sponsor the unconditional use of their name and likeness for promotions/advertising and announcements without compensation, consideration, notice, review, or consent.
7. Promotion times are approximate. Sponsor may change Promotion times due to unforeseen or exigent circumstances.
8. Except as prohibited by law, Sponsor reserves the right to cancel, terminate, modify, reschedule or suspend the Promotion at any time, subject to any required regulatory approval, if Sponsor determines, in its sole discretion, that the Promotion is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes within or beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion. In such circumstances the Sponsor will endeavor, to the extent practical, and in a manner deemed fair and equitable by Sponsor in its discretion, to award prizes among eligible Participants whose participation was not affected by the problem.
9. Sponsor may disqualify any Participant for fraud, dishonesty, violation of these Official Rules or other misconduct whether or not related to this Promotion. Sponsor retains the right to disqualify any entry that does not comply with the Official Rules or any Participant who engages in any conduct deemed inappropriate, disruptive, or unsportsmanlike as determined at the Sponsor’s sole discretion, including, without limitation, any entries generated by a script, macro, or other automated means or by any means that subverts the entry process.
10. Sponsor is not responsible for late, stolen, lost, postage due, or misdirected mail, or incomplete, mutilated or illegible entries; electronic transmission errors or delays resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials; technical, hardware, software, or telephone failures or malfunctions of any kind, lost or unavailable connections; fraud; incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of submissions which may limit, restrict, or prevent a person’s ability to participate in the Promotion.
11. Any individual who is found to be deliberately tampering with the Promotion entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and any other remedies from any such person to the fullest extent permitted by law.
12. A copy of these Official Rules and any updates made thereto will be available at <TBDWebsite>.
13. These Official Rules and any disputes relating hereto are governed by the internal laws of the State of Nevada without regard to principles of conflicts of laws, and by entering, each Participant consents to the exclusive jurisdiction of the state and federal courts in Nevada for resolution of any disputes relating to the Promotion and waive any objection thereto.
HOW TO ENTER:
15. Participants may enter online by visiting the Promotion website at <TBDWebsite> and completing the following steps:
a. Build out their ideal vacation within the given perimeters;
b. Provide a valid email address, first name, last name, birthday and postal code; and
c. Click on the “Submit” button to record entry.
16. Once Participant clicks on the “Submit” button, that will count as one (1) drawing entry (“Drawing Entry").
17. Maximum of one (1) Drawing Entry per Participant during the Promotion Period.
18. Drawing Entry is non-transferable.
19. Participants are prohibited from using multiple names, email addresses, or any other means to seek to obtain more than the allowed number of Drawing Entries hereunder or to seek to participate under more than one identity. Any attempt to do so is grounds for disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Proof of submission is not proof of receipt. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries.
20. No late Drawing Entries will be accepted.
WINNER SELECTION AND PRIZES:
21. On or about Friday, September 4, 2020, Sponsor will select one (1) potential prize winner at random (through reasonably secure means to be determined by Sponsor) from all eligible Drawing Entries to receive the vacation they built out.
22. Estimated total value of the prize package is four thousand nine hundred ninety-nine dollars ($4,999.00) and includes:
a. Up to four (4) night hotel stay at a Caesars Rewards destination in Las Vegas, Nevada, Lake Tahoe, Nevada, Atlantic City, New Jersey or New Orleans, Louisiana, valid anytime beginning Friday, January 1, 2021 through Friday, December 31, 2021;
b. Round trip airfare for two (2), valued at one thousand two hundred dollars ($1,200.00); and
c. Up to two thousand five hundred dollars ($2,500.00) credit for food and beverage, entertainment and activities.
23. Odds of winning a prize dependent upon number of Drawing Entries received.
24. Prize may not be substituted or exchanged for Reward Credits®, Tier Credits, cash or free play.
25. Potential prize winner will be contacted using the contact information provided on their entry. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Invalid or incorrect contact information (telephone number, email address or mailing address) may result in prize forfeiture. Winner will have 48 hours to confirm their Prize win.
26. Potential winner will be required to execute and return an affidavit of eligibility, release of liability, tax paperwork (if required), and, except where prohibited, publicity release (collectively, “Prize Claim Documents”). Potential winner must return Prize Claim Documents within 48 hours of being contacted to claim their prize. Failure to provide Prize Claim Documents within 48 hours may result in prize forfeiture. Prize will not be awarded to an alternate winner. If a potential winner fails to comply with Sponsor’s requests for Prize Claim Documents, is found to be ineligible due to inability or unwillingness to comply with any and all safety protocols or cannot or does not comply with these Official Rules, he/she may be disqualified or have prize package cancelled.
27. All prizes claimed will be awarded.
ADDITIONAL TERMS AND CONDITIONS:
28. Prize package can be redeemed anytime beginning Friday, January 1, 2021 through Friday, December 31, 2021. Winners must book prize package at least thirty (30) days in advance of requested first date of travel. Cancellation and changes must be requested fourteen (14) days prior to first date of travel.
29. Prize package is valid for up to two (2) travelers. All travelers must be 21 years of age or older. Valid photo ID will be required for all travelers to book prize package.
30. Prize package must be reserved through booking channel provided by Sponsor in order to receive prize package credit. Winner will not be reimbursed for bookings made outside of Sponsor provided booking channel.
31. The food and beverage, entertainment, event and activities credit awarded pursuant to this prize package shall not exceed two thousand five hundred dollars ($2,500.00). All charges and fees exceeding the credit amount shall be the sole responsibility of winner. Dates are subject to change and availability. Exclusions and blackout dates may apply. Credit for event and activities valid for prize package dates only. Sponsor is not responsible for delays, postponements or cancelations for any reason and winner will not be reimbursed for prize. Seating and timing to be determined in the sole discretion of Sponsor. By accepting the prize, winner agrees to abide by any terms, conditions and restrictions provided on the prize. Sponsor is not responsible if winner does not use prize on the scheduled day.
32. Hotel prize is valid for one (1) room only, up to four (4) night maximum and is subject to availability. The hotel reservation will be booked for selected room type, for room, tax and resort fees only. Certain restrictions and blackout dates may apply. All other charges and fees incurred shall be the sole responsibility of winner. Winner must provide valid credit card for hotel incidentals.
33. Travel credit awarded pursuant to this prize package shall not exceed one thousand two hundred dollars ($1,200.00). Travel credit valid for prize package dates only. All charges and fees exceeding the credit amount shall be the sole responsibility of winner. Travelers must travel from airport closest to their home address to the airport closest to their lodging property. Winner may request specific airlines and seating locations on flights; however, Sponsor does not guarantee requests.
34. Sponsor will not replace any lost or stolen travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsor is not liable for any expenses resulting from flight cancellations or delays. Sponsor is not responsible for loss or damages to baggage incurred during travel. Trip may not be combined with any other offer.
35. Travelers agree to comply with the airport safety protocols and the Transportation Security Administration to provide approved identification in order to travel.
36. All expenses and travel costs not expressly stated in the prize package description, including but not limited to, ground transportation, incidentals, and personal charges at lodging, are the sole responsibility of winner. Winner must travel on the dates specified by Sponsor in its sole discretion or forfeit the prize.
37. In the event of a dispute over the identity of a Participant, entry will be deemed submitted by the authorized account holder of the email address associated with the Caesars Rewards account (if applicable) or provided with the winning entry. "Authorized account holder" is defined as the natural person who is assigned to an email address.
38. No more than the stated number of prizes will be awarded. If by reason of a print or other error, more prizes are claimed in any category than the number set forth in these Official Rules, all prizes remaining in that category at the time the excess claims are made will be awarded in a random drawing from among all Participants submitting valid claims for such prizes. Inclusion in such drawing is the sole remedy for any affected Participant(s).
39. Winner is solely responsible for all taxes, expenses, costs or fees associated with acceptance and/or use of the prize that are not specifically stated herein as being awarded. For any prize with an approximate retail value of six hundred dollars ($600.00) or greater, Sponsor will, when required by law, furnish an Internal Revenue Service Form 1099 to winner for such value. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state, local or other tax laws, rules, regulations, codes or ordinances.
40. Potential winners who are residents of Canada will be required to correctly answer, unaided, a time-limited (90 seconds), mathematical, skill-testing question. All answers to skill-testing questions are final. Should a potential Canadian winner incorrectly answer the skill-testing question, the potential winner will be disqualified.
41. By entering the Promotion, each Participant agrees on behalf of Participant and his or her heirs, executors, and administrators (a) to release and hold harmless Good Morning America, American Broadcasting Companies, Inc., its parent, affiliate and subsidiary companies, and their respective officers, directors, and employees (the Good Morning America Entities), the Promotion Entities (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from Participant’s participation in the Promotion and/or Participant’s acceptance, possession, use, or misuse of a prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from Participant’s failure to comply with these Official Rules or a breach of any of Participant’s representations and warranties; (c) to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, condition, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with such prize; (d) if selected as a winner, to the posting of Participant’s name on Sponsor’s websites and the use by the Promotion Entities of Participant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (e) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of Sponsor, which are binding and final.
42. Prizes are non-transferable and no substitution will be made except as provided herein or at Sponsor’s sole discretion. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
43. Participants acknowledge and understand that that they are providing information to Sponsor and not to Good Morning America (GMA) and/or American Broadcasting Companies, Inc. (ABC), as this Promotion is not sponsored or administered by GMA or ABC. Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor, and not to GMA or ABC.
44. For a copy of these Official Rules or the name(s) of the winner(s) (available after Monday, September 28, 2020), send a self-addressed, stamped envelope to be received no later than Monday, October 12, 2020 to Caesars Entertainment, One Harrah’s Court, Las Vegas, NV 89119, Attn: Escape to the Empire.
45. ARBITRATION OF DISPUTES:
a. Scope of Disputes & Remedies. As a condition of entering this Promotion, each Participant agrees that: (1) Participant waives all rights to claim punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses incurred in entering the Promotion, and waives any and all rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually by arbitration per Rule 45.b. below unless expressly excluded, without resort to any form of class action; and (3) 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. For New Jersey residents, nothing herein bars recovery of attorneys’ fees, court costs, or other damages if mandated by statute.
b. Agreement to Arbitrate. Participants and Sponsor agree that all claims arising out of or relating to the Promotion (including the formation, performance and breach of the terms under these Official Rules), shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Official Rules, including, but not limited to, any claim that all or any part of these Official Rules is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Official Rules shall be subject to the Federal Arbitration Act.
c. Arbitration Procedure. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Sponsor will pay the additional cost. If Sponsor is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Sponsor will make arrangements to pay all necessary additional fees directly to JAMS. Sponsor will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Sponsor if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
d. Class Action Waiver. You and Sponsor each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Sponsor each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
e. Exceptions to Arbitration. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; also, you have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to https://totalrewards.custhelp.com/app/ask_first. The notice must be sent within thirty (30) days of your enrollment in the Promotion, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Rule. If you opt-out of these arbitration provisions, Sponsor also will not be bound by them.