*NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO THOSE WHO ARE 18 AND OLDER (AND AGE OF MAJORITY IN JURISDICTION OF RESIDENCE). VOID WHERE PROHIBITED BY LAW. *
The Weekend at the Waldorf contest (“Promotion”) entry period begins on October 1, 2021, at 12:00:01 a.m. Eastern Time (“ET”) and ends on January 1, 2022, at 11:59:59 p.m. ET (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Promotion.
The Promotion is open to those natural persons who are at least 18 years of age and the age of majority in their jurisdiction of residence at the time of entry. Void where prohibited. Employees of _______ (“Sponsor”) and its parent companies, subsidiaries, affiliates, Judging Panel (defined below), and the Waldorf Astoria New York, including any vendors providing services in connection with this Promotion (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to enter this Promotion. Promotion is subject to all applicable federal, state, and local laws.
During the Promotion Period, (i) create an entry that describes a memory that you have of the Waldorf Astoria New York (the “Theme”); (ii) draft a text of your own to explain your memory (the “Text”); and (iii) enter your Text and upload at least one image, movie, or other material you wish to supplement the Text (your Text and other materials submitted, your “entry”) at one of the Waldorf Stories websites: www.waldorfstories.com or www.waldorfstories.nyc. Not all file types will be accepted for submission.
To be eligible, your entry must (i) be submitted during the Promotion Period; (ii) comply with the Required Representations and Warranties (defined below); (iii) be in a format acceptable for submission on the submission website, including any word or character length limitations and file type limitations; and (iv) be in English (and no other language). Each eligible entry submitted during the Promotion Period will count as one (1) entry in the Grand Prize Drawing. Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of attempted entry.
You may submit as many entries as you wish, but only your first entry will be judged in the Promotion and no further entries by the same person will be considered. The creation or use of multiple accounts to attempt to submit multiple entries is prohibited. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the primary e-mail address. The authorized account holder is deemed to be the natural person who is assigned to the e-mail address by the relevant entity responsible for assigning e-mail addresses for the relevant domain. Entries become the property of Sponsor and will not be returned.
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all entries must comply with the following criteria (collectively, the “Required Representations and Warranties):
(i) Your entry must be either: (i) your own original work, created and shot by and/or featuring you; or (ii) wholly owned by you (including the copyright to the entry); must not have been entered into any other drawing or competition nor won any award. The entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You represent that you have the express consent of any identifiable persons appearing, referenced, or named in the entry to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person identifiable in the entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required. The entry must not contain any personally identifiable information of any person without their express consent consistent with the terms of these Official Rules.
(iii) Except for the references to the Waldorf Astoria New York, the entry must not feature any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product, or service.
(iv) The entry must be appropriate for public display and viewing. Without limiting the foregoing, the entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
(v) The entry must comply with all of applicable laws and regulations.
In the event your entry includes invalid information, you hereby permit (without any obligation to do so) Sponsor to edit your entry for any reason in its sole discretion without your review or approval, including for purposes of compliance with these Official Rules, in which case Sponsor may, in its discretion, deem the compliant entry to be eligible. Entries (including, without limitation, the submitted images) that do not comply with the above requirements may not be eligible (as determined by Sponsor in its sole discretion) and, if submitted, may be reviewed and/or removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry complies with the entry requirements set out above including those at (i)-(v) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry, in whole or in part, and to otherwise use, exploit, copy, modify, adapt, edit, transmit, perform, distribute, create derivative works from, publish and display the entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry in favor of the Sponsor and its assigns. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry to Sponsor, the form of such assignment to be determined by Sponsor in its sole discretion.
By submitting an entry, entrant also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), i.e. ask the Judging Panel to determine qualifying entries. All entries are subject to verification.
After the Promotion Period, a judge(s) selected by Sponsor (the “Judging Panel”) will review the eligible entries. The Judging Panel will judge such eligible entry based on the following criteria: (a) creativity, (b) originality, and © appropriateness for the Theme (the “Criteria”). Based on the Criteria, the Judging Panel will select one (1) potential winner of the Grand Prize. To be clear, the Judging Panel may judge multiple entries that submit similar images; in such a case, the Judging Panel may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entry materials. The decisions of the Judging Panel are final and binding. The selected winners are subject to verification.
The one (1) potential Grand Prize winner shall, upon verification, be awarded: (i) hotel accommodations for winner and one (1) guest at the Waldorf Astoria New York for two roomnights (Sponsor to determine room location and other details in sole discretion, further limitations below), subject to black-out dates, expiration dates, and availability; and (ii) one (1) hotel credit of one thousand dollars (US$1,000) to be used within the hotel venue (e.g., room service, restaurant, bar, spa) subject to the terms of the issuer. The approximate retail value of the prize is $____. Any difference in actual value of prize and approximated values will not be awarded.
All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, authenticity of any autograph, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the provider of the prize. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
All travel arrangements are the sole responsibility of the winner and guest. Except as provided expressly above, winner and any guests are solely responsible for all costs and liability associated with any travel related to the Promotion or any prize. No travel costs will be provided or compensated. Trip must be taken on dates specified by Sponsor or prize may be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves right to change dates. The dates of all lodging accommodations will be arranged by Sponsor and are within its sole discretion. Additional travel costs, tax, gratuity, meals, drinks, room service, souvenirs, security fees, gratuities, luggage fees, meals, ground transportation, incidental charges and any other additional costs or expenses (e.g., room service, meals, spa, room upgrades) not specifically stated herein are the sole responsibility of the winner and travel companion. Winner and travel companion must possess and show valid travel documents and credit cards required by accommodating hotel, airline, airport security, and others during trip.
If winner is unable to schedule the prize, winner may forfeit the prize and Sponsor may select an alternate winner if time permits. If any prize is cancelled or postponed for any reason, no substitution will be provided and winner will receive the other portion(s) of the prize as full satisfaction of the prize without additional compensation and Sponsor will have no further obligation to winner. Sponsor is also not responsible for any weather or airline issues that prevent winner and guest from traveling, in which event any missed portion of the prize is forfeited in its entirety and no substitution will be provided. Guest must be at least eighteen (18) years of age, and not a minor in his or her jurisdiction of residence. Guest must sign and return a liability/publicity release prior to occupancy. Winner must affirm that s/he and his/her guest will arrive to the hotel at the designated time or winner may forfeit prize. Once accommodations have been arranged, no changes will be permitted.
On or around the day following the relevant judging date, Sponsor shall notify the potential winner. Sponsor will notify the potential winner via email with additional details and instructions on how to claim the prize. If a potential winner does not respond within forty-eight (48) hours after the first attempted contact from Sponsor, he or she will be disqualified and the prize awarded to an alternate winner as determined by the Judging Panel. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility, a scan or photo of legal ID, Release of Liability and/or, if legally permissible, a Publicity Release within four (4) days of attempted delivery of same.
By entering and/or participating, entrants agree:
(ii) that the decision of the Sponsor is final and binding on all matters relating to the Promotion;
(iii) to be contacted by Sponsor by e-mail, telephone and/or mail; and
(iv) to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of a prize or related to participation in the Promotion.
PUBLICITY & MARKETING:
Submission of an entry in the Promotion constitutes permission to the Sponsor to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Promotion (whether or not required), including, without limitation, mailing address, phone number, email address, and social media handle, during entry constitutes permission for Sponsor and its affiliates and designees to use entrant’s personal information for purposes of advertising and marketing (e.g., marketing for The Towers and the hotel) and the administration of the Promotion. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s e-mails).
NO LIABILITY & INDEMNIFICATION:
By entering this Promotion, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Promotion or any Promotion-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Promotion; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Promotion; acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Promotion.
Decisions of Sponsor on all matters related to the Promotion are final. Sponsor reserves the right to cancel or modify the Promotion for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Promotion, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Promotion as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Promotion and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of New York. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Promotion and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
To obtain a list of winners, send an email to [EMAIL ADDRESS] with the subject line “Weekend Winner List Request.” All requests must be sent by December 12, 2021 (ET).
Last updated June 6, 2019
We are a data controller and therefore we are responsible for, and control the processing of, your Personal Data (defined below) in accordance with applicable law.
1. Types of Information We Collect
We collect both “Personal Information” and “Anonymous Information” about our Users. Personal Information or “Personal Data” (collectively, “Personal Information”) is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Anonymous Information is information that cannot be used to contact or identify you and is not linked to information that can be used to do so. We passively collect certain information from your devices, such as your IP address, browser information, unique device identifier (“UDID”) and/or your mobile operating system.
a. Voluntarily submitted information
We collect information, including without limitation, your name, street address and email address, that you voluntarily provide to us during your use of the Website and/or Service, such as when you register for updates about Waldorf Towers.
b. Information collected via technology
We may collect information from your use of the Website and Service, including your hardware model, browser type, operating system and Internet Protocol (IP) address. If you are using a mobile device, Dajia may also receive your UDID, or another unique identifier, and mobile operating system. We may correlate this information with other Personal Information we have about you. We may also use tools such as cookies to gather information as well.
We use third party services, such as Google Analytics, to track and analyze online behavior data of Users. We do this to better understand how you use the Website and Service, with a view to offering improvements for all Users, and to tailor our business and marketing activities accordingly.
If you would like to opt out of Google Analytics, please download and install the browser plugin at http://tools.google.com/dlpage/gaoptout?hl=en. Users can also opt out of third party interest based advertising by visiting the Network Advertising Initiative’s deactivation website at www.networkadvertising.org/choices/.
2. How We Use Your Information
a. Personal Information
We may use your Personal Information in order to provide you with updates and other information regarding the Waldorf Towers, among other purposes. Where you have allowed for Dajia’s processing of your Personal Information, subject to applicable legal and ethical obligations that may apply and our lawful ability to enforce our rights or your obligations to us, you may withdraw that consent at any time and opt out.
b. Anonymous Information
We may use Anonymous Information in order to perform internal operations on the Website, improve the Website, and help us track trends and analyze patterns, among other purposes.
3. How We Share and Disclose Information
In addition to using the information collected by us for the purposes described in Section 2 above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information.
a. Service Providers
b. Compliance with Laws, Law Enforcement and Safety
We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Dajia’s, or a third party’s, rights or property.
c. Aggregated Anonymous information
Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other Users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third parties.
d. Business transactions
4. Your Choices
5. Updating Your Personal Information
You may revise your Personal Information by contacting us directly at email@example.com. However, please note that we may be required to maintain certain Personal Information, or to maintain certain Personal Information for a period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from our active database, but may remain in our archives. We may retain your information for fraud detection or similar purposes. Note that if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures.
This Website and Service are not directed to or intended for children under 13 years of age. We do not knowingly solicit, collect or maintain information from those we actually know are under 13, and no part of our Website is targeted to attract anyone under 13. We also do not send e-mail correspondence to anyone who advises that they are under the age of 13. If we later obtain actual knowledge that a User is under 13 years of age we will take steps to remove that User’s Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at firstname.lastname@example.org so that we may delete and remove such information from our system.
7. Security and Data Retention
9. California Privacy Rights
Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that individual, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. To request the above information, California residents can email us at email@example.com.
10. EU Resident Privacy Rights
To the extent required by law, we provide EU residents with reasonable access to the Personal Information they provide to us, a portable copy of the information and the ability to review, correct, delete, restrict or object to the processing of such information. Although we make good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information would compromise others’ privacy or legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where the information is commercially proprietary. If we determine that access should be restricted in any particular instance, we will endeavor to provide you with an explanation of why that determination has been made and a contact point for further inquiries. To protect your privacy, Dajia will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information. If you would like to review or update your Personal Information or preferences, or have your information removed from our mailing lists, please let us know by emailing us at firstname.lastname@example.org or by writing to us at AB Stable LLC, 717 Fifth Avenue, Suite 1102, New York, NY 10022. EU residents may also report privacy complaints directly to their local data protection authorities. You may contact us to be directed to the relevant authorities, as well.
11. Contact Us
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