Westgate Resorts Photo Contest

Official Rules

NO PURCHASE NECESSARY TO WIN.

A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. TERM

The Benihana Golden Jubilee: Fifty Years of Sizzling Success! Photo Contest (the “Contest”) starts at 12:01 a.m. UTC (Coordinated Universal Time) on July 1, 2024 (07/01/2024) and ends at 11:59 p.m. UTC on September 30, 2024 (09/30/2024) (the “Contest Period”). The sponsor of this promotion is WESTGATE RESORTS, LTD, 2801 Old Winter Garden Rd, Ocoee, FL 34761 (“Hotel”, “Westgate”, and “Sponsor”). Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements as set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners. Voting ends at 11:59 p.m. UTC (Coordinated Universal Time) on September 30, 2024 (09/30/2024), the final day of the contest voting period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points may not determine the final winners that are chosen.

2. WHO MAY ENTER

Contest is open only to individuals who are legal residents of the United States and at least twenty-one (21) years of age at the time of entry. Employees, officers and directors of Westgate, or any of its hotels, or their respective parent companies, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, public relations, advertising and promotion agencies, fulfillment, website providers, web masters and anyone involved in the production or administration of the Contest (collectively, the “Contest Entities”), and any members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. CONTEST IS VOID WHERE PROHIBITED.

3. HOW TO ENTER

Information on how to enter and prizes form part of these Official Rules. By submitting an entry, each entrant agrees unconditionally to the Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. This is a skill-based contest and chance plays no part in the determination of winners. Official Rules are subject to change at Sponsor’s sole discretion.

How to Enter: During the Contest Period, contest postings with QR links to a website that allows him or her to participate in the Contest will be set up at the Benihana restaurant located at the Westgate Las Vegas Resort & Casino. To enter, eligible persons must submit a photo that fits within the theme (favorite Benihana moments) of the contest (“Entry”). To submit a photo, entrants must submit a digital photo file that complies with the submission requirements listed below. Limit one (1) entry per person. Entrant must provide all required information requested on the Official Entry Form, including, without limitation, first and last name and email address, to be eligible to enter. Photo entry must be submitted by Entrant. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails to be eligible for entry in the Contest.

Each eligible entry must comply with the following requirements (the "Photograph Requirements"):

  • Photographs must be in digital format (i.e. JPG, PNG). Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest.

  • Photograph(s) must be of satisfactory quality (i.e. brightness, focus etc.). Any photograph submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion. Your photograph must have been taken by you and must be based on your own genuine experience.

  • Photographs must fit the contest theme and the entrant may not previously have won an award in any photo contest hosted by Sponsor within the last 3 years.

  • Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided that entrants must be prepared to provide a release form as described below in "Release". When photographing the work of others, it must be as an object in its environment and not a full frame close up of another person's art.

  • The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.

  • Photograph(s) submitted MUST NOT exceed 10 MB in size or include watermarks, which are not acceptable and will result in disqualification of photo.

  • Photograph(s) MUST NOT have previously been published, released or distributed in a commercial context, and MUST NOT have previously won any award or photo contest.

  • The photograph must not, in the sole and unfettered discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

  • Photograph(s) must be the entrant’s original idea (modification of an original work is not an original idea); photograph(s) MUST NOT copy or otherwise plagiarize from any source.

  • Photograph(s) MUST NOT contain material that violates or infringes another’s rights, including but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement. Without limiting the foregoing, entry submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, books, articles, music, etc. or identifying descriptions of any media property, except those of Sponsor.

Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of those entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Entries will not be acknowledged or returned. All entries must be received by the end of the Entry Period. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Sponsor is not responsible for any changes or effects caused to your computer system or video equipment as a result of submitting an entry.

Usage Rights in Entries: Westgate and its designees shall have the unrestricted and non-exclusive right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use any or all entry materials, alone or in combination with other material including but not limited to essays, photos and/or videos in any and all media, whether now known or later discovered, in perpetuity, without restriction of any kind whatsoever, without further compensation to the entrant or anyone else. Without limiting the foregoing, entries may be posted on the contest page for public viewing and voting in the Contest. Sponsor reserves the right to review any entry prior to any such posting, to remove any entry at any time after posting, and to remove any incidental material that could be deemed infringing where doing so would not materially alter the entry and where the entrant otherwise clearly intended to comply with these Official Rules, as determined by Sponsor. No guarantee is made that any particular entry will or will not be posted or as to the length of time between submission and posting. Sponsor reserves the right, in its absolute discretion, to determine if any particular entry is appropriate for posting. All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entry constitutes permission for Sponsor and its designees to use winner’s name, biographical information, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, for internal, advertising, Contest and other purposes without additional compensation, notification or permission, unless prohibited by law. Potential finalists and/or winners may be required to assign all rights in entry to Sponsor without additional compensation.

The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received within the Contest(s) deadline(s). Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (i.e. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.

PHOTO RELEASE

By entering the Contest, each entrant:

(a) Warrants that he or she is the owner of the photograph (and all the intellectual property rights in the photograph submitted).

(b) Grants to Westgate, its successors, assigns, sublicensees and partners (“Authorized Parties”) an irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display sublicense and create derivative works of the entries (without a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display on Resort website, publication in print advertising and marketing materials for the Resort, social media and online travel website distribution and online highlighting of entries or winners of the Contest.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

4. PHOTOS WITH PEOPLE IN THEM

Photos with people in them may or may not be accepted into the Contest(s) if they are personally recognizable to the judges.

5. CONTEST PRIZES

One (1) First Place winner will receive dinner at the Westgate Las Vegas Resort & Casino Benihana location for 4 people ($400 meal voucher) and a 1-night stay in a Premiere Room at Westgate Las Vegas Resort & Casino. Restrictions and blackout dates apply. Based upon availability. Valid for a single stay. Any unused portion of the prize will be forfeited. Cannot be combined with any other offer, promotion, or package. Prize is non-transferable, not redeemable for cash, and void after the expiration date. Must be used within one (1) year of issue date. Prize valued at $1,700.

Statement of winning odds: The odds of winning depend on the number of eligible entries received.

NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.

Prize Restrictions: Some restrictions and blackout dates may apply. Prize is based upon availability, non-transferable, and not redeemable for cash. Limit one (1) prize per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternate prize to the equal monetary value and/or specification, unless to do so would be prohibited by law. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Winner(s) receiving a stay at Westgate Resorts (“Certificate”) will receive a notification with booking instructions. Certificate will expire one (1) year from date of issue.

6. JUDGING

Entries will be posted on the Westgate Resorts’ Flip.to webpage for voting, in which members of the public who receive an invitation to vote will have the opportunity to cast votes for their favorite entry (“eligible voters”). See Voting Rules below. At the conclusion of the Contest Voting Period (September 30, 2024) entries will be judged by a panel of judges, applying the following criteria (“Judging Criteria”): (i) originality (ii) appropriateness to theme (iii) quality of expression and (iv) public voting results. The decisions of the judges are final and binding on all matters.

All submitted photos will be reviewed by a member of the Sponsor’s staff (“judges”) to determine which photos qualify as finalists, based on the judging criteria. Judges may disqualify any entries that do not meet eligibility criteria. Submissions that earn a higher number of points will have better odds of winning, but the winning submissions will ultimately be chosen by the judges at their sole discretion. When determining the winners, the judges will review each entry based on the creativity of the photo and each point earned (judging criteria). Total points will not be the sole determination of the final winners.

Voting Rules. During the Contest Voting Period, eligible voters will have the opportunity to cast votes for their favorite entry. To vote, eligible voters must click the “Vote for this Photo” button at the bottom of a photo. Limit one (1) vote per person. Any entries received in excess of this maximum of one (1) vote per person will be disqualified. Individuals must be U.S. residents who are eighteen (18) years of age or older to vote in Contest. Voting will be subject to the terms of use of the Contest Website and any additional voting instructions that may be posted on the Contest Website. Votes received from any email or IP address in excess of the stated limitation will be void. Votes from invalid, non-working, or inactive email addresses will be disqualified. Entrants are prohibited from inducing or obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes, cash or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of script, macro or any device to automate voting, hiring outsourced vote-farming services, paying for votes, or engaging in any other conduct deemed inappropriate, disruptive or unsportsmanlike as determined by Sponsor in its discretion, is prohibited, and any entries or votes received through such means will be void. Any attempt by any voter or entrant to submit or solicit more than the stated number of votes by using multiple/different email addresses, Facebook IDs, identities or any other method will void that person’s votes and entry (if any), and he/she may be disqualified from further voting or other participation in the Contest. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify responsible entrants from further voting or participation in the Contest.

7. LIMITATION OF LIABILITY AND CLASS ACTION WAIVER

Release of Liability: By entering the Contest, entrant agrees to hold Sponsor, Westgate Resorts, and its hotels, and their affiliates and subsidiary companies, consultants, website providers, legal counsel, fulfillment and marketing, public relations, promotional and advertising and Contest agencies and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) harmless by entrants against any liability for injuries, losses or damages of any kind to persons, including personal injury or death, or property caused or resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in the Contest, any Contest-related activity, or by acceptance or use of a prize (including any travel or activity-related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any photo or essay or in any Contest-related materials. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to Acts of God, acts of war, natural disasters, weather, or terrorism. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Page or any web site. Persons who tamper with or abuse any aspect of the Contest or Web site, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. By participating in this Contest, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Contest or the downloading from and/or printing material downloaded from such site.

By participating, you further agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Disputes/Mandatory ARBITRATION: THIS CONTEST IS GOVERNED BY THE LAWS OF USA AND FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. In the event of any controversy, claim or dispute between the Entrant and the Sponsor arising out of or relating to the Contest or the breach, termination, enforcement, interpretation, conscionability, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) and may take place via the Internet and/or telephonically in accordance with the rules of the chosen arbitration service provider. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims and may not otherwise preside over any form of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.

Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Rights Granted by you: By entering this contest you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Giveaway, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

8. CONDITIONS

THIS CONTEST IS VOID WHERE PROHIBITED.

Governing Law: Except where prohibited by law, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the jurisdiction where the Sponsor's corporate office is located in Orange County Florida; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of laws of any jurisdiction other than the jurisdiction where the Sponsor's corporate office is located.

Entries void if Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.

By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the judges are final and binding with respect to all matters relating to the Contest; and (c) that Sponsor may use the winning photographs and each Entrant’s name, photograph, likeness, personal data (see number 11 below) and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the “Contest Prizes” Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.

Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry and/or voting process. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.

9. RIGHT TO CANCEL OR SUSPEND CONTEST

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest.

10. WINNER SELECTION

After the conclusion of the Contest Voting Period, Sponsor will determine the winners by adding the judging results and ranking the top entrants, then ranking them by number of votes received for each entrant. These entrants will be potential Prize winners. Sponsor reserves the right to select an alternate winner if the Submission fails to fit with the Contest theme or other eligibility criteria as determined by the Sponsor in its sole and unfettered discretion or should voting appear to have been tampered with in any way. Winning entries will be chosen and posted online October 1, 2024 (10/01/2024). Previous winners of any Westgate sponsored photo contest(s) within the last 3 years are not eligible to win.

Notification of Winner: The potential winner will be notified by email using the information supplied at time of entry. Winning a prize is contingent upon meeting all eligibility requirements and fulfilling all other requirements set forth herein. If a potential winner does not respond by October 3, 2024 at 5:00 p.m. UTC then that potential winner will be deemed to have forfeited the prize, and the finalist with the next highest score, determined by Sponsor in its sole discretion, may be selected as an alternate potential winner in his/her place. In the event that the Sponsor, in its sole discretion, does select an alternate potential winner, then that alternate potential winner will also have two (2) calendar days to claim the prize, and must satisfy all eligibility requirements.

Except where legally prohibited, each potential winner may be required to complete and return an Affidavit/Declaration of Eligibility, Publicity and Liability Release in order to claim his/her prize, along with an assignment of all rights in and to his/her entry (including copyright and a waiver of any moral rights to the extent allowed by law), within three (3) calendar days of notification. Potential winner may also be required to verify ownership and rights/permissions for photograph and/or provide additional documents as may be required by Sponsor to confirm and/or assign rights in the entry. Failure to comply when requested may result in disqualification and selection of an alternate winner. If after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability& Publicity Release or any other required documentation within the required time period, or in the event that a potential Winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the entrant with the next highest score will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. Only one (1) alternate winner selection will be made, after which any remaining prizes will remain un-awarded.

POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

11. DATA PRIVACY

Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Sponsor to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Sponsor at: Westgate Resorts, Ltd, Attn: Marketing Department, 2801 Old Winter Garden Rd, Ocoee, FL 34761. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.

Information submitted with an entry is subject to the Privacy Policy stated on Westgate’s homepage, which can be found at http://westgateresorts.com/privacy-policy.

NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Sponsor to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Westgate Resorts, Ltd, Attention: Marketing Department, 2801 Old Winter Garden Rd, Ocoee, FL 34761. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Sponsor to such individual.

Additional Terms and Conditions regarding the promotion and stay at Westgate Resorts can be found at https://www.westgateresorts.com/terms-and-conditions/.

This advertising material is being used for the purpose of soliciting sales of timeshare interests or plans.

  • Photographs must be in digital format (i.e. JPG, PNG). Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest.

  • Photograph(s) must be of satisfactory quality (i.e. brightness, focus etc.). Any photograph submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion. Your photograph must have been taken by you and must be based on your own genuine experience.

  • Photographs must fit the contest theme and the entrant may not previously have won an award in any photo contest hosted by Sponsor within the last 3 years.

  • Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided that entrants must be prepared to provide a release form as described below in "Release". When photographing the work of others, it must be as an object in its environment and not a full frame close up of another person's art.

  • The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.

  • Photograph(s) submitted MUST NOT exceed 10 MB in size or include watermarks, which are not acceptable and will result in disqualification of photo.

  • Photograph(s) MUST NOT have previously been published, released or distributed in a commercial context, and MUST NOT have previously won any award or photo contest.

  • The photograph must not, in the sole and unfettered discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

  • Photograph(s) must be the entrant’s original idea (modification of an original work is not an original idea); photograph(s) MUST NOT copy or otherwise plagiarize from any source.

  • Photograph(s) MUST NOT contain material that violates or infringes another’s rights, including but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement. Without limiting the foregoing, entry submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, books, articles, music, etc. or identifying descriptions of any media property, except those of Sponsor.

Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of those entrant’s entries and that entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Entries will not be acknowledged or returned. All entries must be received by the end of the Entry Period. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Sponsor is not responsible for any changes or effects caused to your computer system or video equipment as a result of submitting an entry.

Usage Rights in Entries: Westgate and its designees shall have the unrestricted and non-exclusive right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use any or all entry materials, alone or in combination with other material including but not limited to essays, photos and/or videos in any and all media, whether now known or later discovered, in perpetuity, without restriction of any kind whatsoever, without further compensation to the entrant or anyone else. Without limiting the foregoing, entries may be posted on the contest page for public viewing and voting in the Contest. Sponsor reserves the right to review any entry prior to any such posting, to remove any entry at any time after posting, and to remove any incidental material that could be deemed infringing where doing so would not materially alter the entry and where the entrant otherwise clearly intended to comply with these Official Rules, as determined by Sponsor. No guarantee is made that any particular entry will or will not be posted or as to the length of time between submission and posting. Sponsor reserves the right, in its absolute discretion, to determine if any particular entry is appropriate for posting. All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entry constitutes permission for Sponsor and its designees to use winner’s name, biographical information, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, for internal, advertising, Contest and other purposes without additional compensation, notification or permission, unless prohibited by law. Potential finalists and/or winners may be required to assign all rights in entry to Sponsor without additional compensation.

The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received within the Contest(s) deadline(s). Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (i.e. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.

PHOTO RELEASE

By entering the Contest, each entrant:

(a) Warrants that he or she is the owner of the photograph (and all the intellectual property rights in the photograph submitted).

(b) Grants to Westgate, its successors, assigns, sublicensees and partners (“Authorized Parties”) an irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display sublicense and create derivative works of the entries (without a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display on Resort website, publication in print advertising and marketing materials for the Resort, social media and online travel website distribution and online highlighting of entries or winners of the Contest.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

4. PHOTOS WITH PEOPLE IN THEM

Photos with people in them may or may not be accepted into the Contest(s) if they are personally recognizable to the judges.

5. CONTEST PRIZES

One (1) First Place winner will receive dinner at the Westgate Las Vegas Resort & Casino Benihana location for 4 people ($400 meal voucher) and a 1-night stay in a Premiere Room at Westgate Las Vegas Resort & Casino. Restrictions and blackout dates apply. Based upon availability. Valid for a single stay. Any unused portion of the prize will be forfeited. Cannot be combined with any other offer, promotion, or package. Prize is non-transferable, not redeemable for cash, and void after the expiration date. Must be used within one (1) year of issue date. Prize valued at $1,700.

Statement of winning odds: The odds of winning depend on the number of eligible entries received.

NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY E-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.

Prize Restrictions: Some restrictions and blackout dates may apply. Prize is based upon availability, non-transferable, and not redeemable for cash. Limit one (1) prize per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternate prize to the equal monetary value and/or specification, unless to do so would be prohibited by law. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Winner(s) receiving a stay at Westgate Resorts (“Certificate”) will receive a notification with booking instructions. Certificate will expire one (1) year from date of issue.

6. JUDGING

Entries will be posted on the Westgate Resorts’ Flip.to webpage for voting, in which members of the public who receive an invitation to vote will have the opportunity to cast votes for their favorite entry (“eligible voters”). See Voting Rules below. At the conclusion of the Contest Voting Period (September 30, 2024) entries will be judged by a panel of judges, applying the following criteria (“Judging Criteria”): (i) originality (ii) appropriateness to theme (iii) quality of expression and (iv) public voting results. The decisions of the judges are final and binding on all matters.

All submitted photos will be reviewed by a member of the Sponsor’s staff (“judges”) to determine which photos qualify as finalists, based on the judging criteria. Judges may disqualify any entries that do not meet eligibility criteria. Submissions that earn a higher number of points will have better odds of winning, but the winning submissions will ultimately be chosen by the judges at their sole discretion. When determining the winners, the judges will review each entry based on the creativity of the photo and each point earned (judging criteria). Total points will not be the sole determination of the final winners.

Voting Rules. During the Contest Voting Period, eligible voters will have the opportunity to cast votes for their favorite entry. To vote, eligible voters must click the “Vote for this Photo” button at the bottom of a photo. Limit one (1) vote per person. Any entries received in excess of this maximum of one (1) vote per person will be disqualified. Individuals must be U.S. residents who are eighteen (18) years of age or older to vote in Contest. Voting will be subject to the terms of use of the Contest Website and any additional voting instructions that may be posted on the Contest Website. Votes received from any email or IP address in excess of the stated limitation will be void. Votes from invalid, non-working, or inactive email addresses will be disqualified. Entrants are prohibited from inducing or obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes, cash or other inducements to prospective voters, as determined by Sponsor in its sole discretion. Use of script, macro or any device to automate voting, hiring outsourced vote-farming services, paying for votes, or engaging in any other conduct deemed inappropriate, disruptive or unsportsmanlike as determined by Sponsor in its discretion, is prohibited, and any entries or votes received through such means will be void. Any attempt by any voter or entrant to submit or solicit more than the stated number of votes by using multiple/different email addresses, Facebook IDs, identities or any other method will void that person’s votes and entry (if any), and he/she may be disqualified from further voting or other participation in the Contest. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify responsible entrants from further voting or participation in the Contest.

7. LIMITATION OF LIABILITY AND CLASS ACTION WAIVER

Release of Liability: By entering the Contest, entrant agrees to hold Sponsor, Westgate Resorts, and its hotels, and their affiliates and subsidiary companies, consultants, website providers, legal counsel, fulfillment and marketing, public relations, promotional and advertising and Contest agencies and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) harmless by entrants against any liability for injuries, losses or damages of any kind to persons, including personal injury or death, or property caused or resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in the Contest, any Contest-related activity, or by acceptance or use of a prize (including any travel or activity-related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any photo or essay or in any Contest-related materials. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to Acts of God, acts of war, natural disasters, weather, or terrorism. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Page or any web site. Persons who tamper with or abuse any aspect of the Contest or Web site, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. By participating in this Contest, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Contest or the downloading from and/or printing material downloaded from such site.

By participating, you further agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Disputes/Mandatory ARBITRATION: THIS CONTEST IS GOVERNED BY THE LAWS OF USA AND FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. In the event of any controversy, claim or dispute between the Entrant and the Sponsor arising out of or relating to the Contest or the breach, termination, enforcement, interpretation, conscionability, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) and may take place via the Internet and/or telephonically in accordance with the rules of the chosen arbitration service provider. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims and may not otherwise preside over any form of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.

Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Rights Granted by you: By entering this contest you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Giveaway, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

8. CONDITIONS

THIS CONTEST IS VOID WHERE PROHIBITED.

Governing Law: Except where prohibited by law, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the jurisdiction where the Sponsor's corporate office is located in Orange County Florida; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of laws of any jurisdiction other than the jurisdiction where the Sponsor's corporate office is located.

Entries void if Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.

By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the judges are final and binding with respect to all matters relating to the Contest; and (c) that Sponsor may use the winning photographs and each Entrant’s name, photograph, likeness, personal data (see number 11 below) and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the “Contest Prizes” Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.

Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry and/or voting process. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.

9. RIGHT TO CANCEL OR SUSPEND CONTEST

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest.

10. WINNER SELECTION

After the conclusion of the Contest Voting Period, Sponsor will determine the winners by adding the judging results and ranking the top entrants, then ranking them by number of votes received for each entrant. These entrants will be potential Prize winners. Sponsor reserves the right to select an alternate winner if the Submission fails to fit with the Contest theme or other eligibility criteria as determined by the Sponsor in its sole and unfettered discretion or should voting appear to have been tampered with in any way. Winning entries will be chosen and posted online October 1, 2024 (10/01/2024). Previous winners of any Westgate sponsored photo contest(s) within the last 3 years are not eligible to win.

Notification of Winner: The potential winner will be notified by email using the information supplied at time of entry. Winning a prize is contingent upon meeting all eligibility requirements and fulfilling all other requirements set forth herein. If a potential winner does not respond by October 3, 2024 at 5:00 p.m. UTC then that potential winner will be deemed to have forfeited the prize, and the finalist with the next highest score, determined by Sponsor in its sole discretion, may be selected as an alternate potential winner in his/her place. In the event that the Sponsor, in its sole discretion, does select an alternate potential winner, then that alternate potential winner will also have two (2) calendar days to claim the prize, and must satisfy all eligibility requirements.

Except where legally prohibited, each potential winner may be required to complete and return an Affidavit/Declaration of Eligibility, Publicity and Liability Release in order to claim his/her prize, along with an assignment of all rights in and to his/her entry (including copyright and a waiver of any moral rights to the extent allowed by law), within three (3) calendar days of notification. Potential winner may also be required to verify ownership and rights/permissions for photograph and/or provide additional documents as may be required by Sponsor to confirm and/or assign rights in the entry. Failure to comply when requested may result in disqualification and selection of an alternate winner. If after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability& Publicity Release or any other required documentation within the required time period, or in the event that a potential Winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the entrant with the next highest score will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. Only one (1) alternate winner selection will be made, after which any remaining prizes will remain un-awarded.

POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

11. DATA PRIVACY

Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Sponsor to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Sponsor at: Westgate Resorts, Ltd, Attn: Marketing Department, 2801 Old Winter Garden Rd, Ocoee, FL 34761. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.

Information submitted with an entry is subject to the Privacy Policy stated on Westgate’s homepage, which can be found at http://westgateresorts.com/privacy-policy.

NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Sponsor to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Westgate Resorts, Ltd, Attention: Marketing Department, 2801 Old Winter Garden Rd, Ocoee, FL 34761. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Sponsor to such individual.

Additional Terms and Conditions regarding the promotion and stay at Westgate Resorts can be found at https://www.westgateresorts.com/terms-and-conditions/.

This advertising material is being used for the purpose of soliciting sales of timeshare interests or plans.

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