Holiday Contest Rules and Conditions

Contest

Two awards will be given – Judges Award and People’s Choice.

A panel of judges will score all participating businesses based on the following criteria:

Connection to the “Together for the Holidays” theme
Overall creativity
All displays will be photographed and posted on Downtown Sacramento Partnership Facebook page. The window display photo with the most likes, comments and shares across all posts on the Downtown Sacramento Partnership Facebook page will win the People’s Choice Award.

Prizes: Up to $2,500 advertising package with Fox40 and Marquee Media to the Judges & People’s Choice winners will be announced on December 28, 2020.

Prizes will be distributed via mail or courier within 2-to-7 business days after the conclusion of the promotion and after the individual provides to Downtown Sacramento Partnership: (1) the Sponsor’s signed Waiver of Liability/Publicity Release (described below), (2) the Sponsor’s Affidavit of Eligibility and (3) an IRS W-9 tax form (if applicable).

Each Prize Recipient will be responsible for applicable taxes and fees and may be required to complete and submit to the Sponsor an IRS W-9 tax form before receiving a Prize.

Unless otherwise noted, the Prize is subject to the terms, conditions and restrictions of each event. Released Parties (defined below) will not be responsible for acts of third parties, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of awarding a Prize. A Prize is non-transferable, non-assignable, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of a Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability.

In the event any Prize recipient fails to respond to any such prize notification and submit the necessary information/forms within forty-eight (48) hours of the date of issuance, that individual will be disqualified, and the Prize will be forfeited, at the Sponsor’s sole discretion. Failure to submit the required documentation as described herein within the specified time-frame will result in disqualification and forfeiture of a Prize Recipient’s Prize.

Waiver of Liability/Publicity Release:

Participation in the Promotion constitutes the Prize Recipient’s full and unconditional agreement to and acceptance of these Official Rules. By participating in the Promotion, the Prize Recipient represents and warrants that he/she has read and fully understands, and agrees to be bound by these Official Rules. By participating in the Promotion, Prize Recipients waive any and all claims against the sponsor and each of its representatives and any and all other firms associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from the receipt or use of a Prize or activity related to the receipt or use of a Prize. By participating in this Promotion, each Prize Recipient gives his/her express permission to be contacted by the Promotion Sponsor and/or their respective designees by telephone, email, social media, and/or postal mail for Promotion purposes and sponsor promotional/advertising purposes unless Prize Recipient has opted out of receipt of promotional/advertising materials. Each Prize Recipient, by acceptance of a Prize, grants to the Sponsor and each of its respective designees the right to publicize such Recipient’s name, city and state of residence, photographs, voice, statements and/or other likeness and Prize description in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

General Conditions:

By participating in the Promotion each Prize Recipient agrees that the Released Parties are not responsible for stolen, late, incomplete, inaccurate, misdirected, lost, damaged, delayed, submissions for purposes of this Promotion, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failures, or difficulties, or other errors or problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, or the announcement of the Prize or in any Promotion – related materials. For details regarding collection of information from Prize Recipients, please consult the privacy policy available on the Sponsor’s website. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. The Released Parties are not responsible for injury or damage to participants or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified from receiving a Prize. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Sponsor or its respective agents. Sponsors shall have the sole right to disqualify any Prize Recipient for violation for these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guarantee or representation of any kind concerning a Prize, and (ii) disclaim any implied warranty. Any Sponsor’s failure to enforce any term of these Official Rules shall not constitute waiver of that provision. All disputes will be resolved under applicable U.S. laws in the State of California.

By participating in this Promotion, the Prize Recipient agrees to the following statement:

I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR.” The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.

The laws of the State of California will govern. Any court of competent jurisdiction sitting within Sacramento County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Promotion or these Official Rules. Prize Recipients hereby waive any argument that any such court does not have jurisdiction or improper venue regarding any and all disputes arising out of the Promotion, including the award of a Prize. The Sponsor shall be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of the Promotion or these Official Rules.

The Sponsor reserves the right, in its sole discretion, to amend, modify, extend, cancel or suspend the Promotion (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof). Sponsor also reserves the right to make changes or additions to these Official Rules for any reason at any time.