Pin it to Win It Sweepstakes – Official Rules

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Venture Resorts, Inc. Pin It To Win It Sweepstakes

Official Rules

1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. The Pin to Win: Cabins of the Smoky Mountains Sweepstakes (the “Promotion”) is sponsored by Venture Resorts, Inc. (“Sponsor”). This Promotion is only offered in the United States and the District of Columbia.
2. Promotion is subject to all federal, state and local laws. Void where prohibited. Sponsor shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, winner selection, deadlines, prize restrictions, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules.
3. Limit one (1) entry per e-mail address.
4. Promotion begins on April 28, 2014 and ends on May 3, 2014. Entry deadline is May 3, 2014 at 5:00 p.m. Eastern Time (“ET”). Sponsor’s computer is the official time-keeping device for this Promotion. Drawing to determine winner will be held on or about May 6, 2014.
5. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Pinterest®. You understand that you are providing your information to Sponsor and not to Pinterest®. Any questions that you have about this Promotion must be directed to Sponsor and not to Pinterest®.

ELIGIBILITY

1. To be eligible, each entrant must, as of April 28, 2014, be at least eighteen (18) years old and a legal resident of the United States or District of Columbia.
2. Employees of Venture Resorts, Inc. and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win. The term “household” includes all persons living together in a single residence, whether or not related.

PRIZE

1. Prize (1): Complimentary one night stay at a one-bedroom or two-bedroom cabin managed by Sponsor and listed on the web site www.CabinsOfTheSmokyMountains.com. Approximate Retail Value: $220.
2. Sponsor reserves the right to substitute complimentary one night stay a cabin of comparable value managed by Sponsor at Sponsor’s sole discretion.
3. The odds of winning depend on the number of entries received.

PRIZE RESTRICTIONS

1. Prize does not include 1-night stay fee, cleaning fees or premium service fee.  Two night minimum stay is required.
2. All details of prize shall be at Sponsor’s sole discretion. Winner assumes sole responsibility for all costs associated with the prizes not explicitly outlined above, including without limitation, all federal, state and local taxes, including sales, use and income taxes (if any), any and all other taxes, fees, and surcharges on a prize.
3. Complimentary night stay may not be applied to Peak, Holiday, Holiday 1 or Holiday 2 nights as defined by the Rates legend listed on www.CabinsOfTheSmokyMountains.com.
4. Prize must be redeemed by May 6, 2015.
5. Prize is not redeemable for cash and may not be sold, bartered or auctioned. Prize may not be transferred or substituted except that Sponsor in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
6. Any portion of prize not used by winner is forfeited and no cash substitute will be offered or permitted. Prize offered is provided “as is” with no warranty or guarantee either express or implied by Sponsor. Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.

TO ENTER

1. Entries will be accepted beginning April 28, 2014 at 10:00 a.m. ET and ending May 3, 2014 5:00 p.m. ET (“Entry Period”). There is one (1) method:

a. Pinterest®: To enter via Pinterest®, first follow Venture Resorts, Inc. section at http://pinterest.com/CabinsSmokyMtns/. You must be a Pinterest® member to follow the Venture Resorts, Inc. section on Pinterest®. Membership to Pinterest® is free; sign up at pinterest.com. Next, create your own “My Dream Smoky Mountain Cabin” Pinterest® Board and re-pin at least five (5) images from the web site www.CabinsOfTheSmokyMountains.com. Recipes and images from other websites or Pinterest® Boards will not count toward the five (5) pin requirement. Finally, once you have completed your “My Dream Smoky Mountain Cabin” Pinterest® Board, submit your entry by emailing the web address (URL) of your “My Dream Smoky Mountain Cabin” Pinterest® Board to [email protected]

1. Limit one (1) entry per e-mail address. Additional entries received from any such person or e-mail address thereafter will be void. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all entries submitted by that entrant.
2. All entries must be received by Sponsor no later than May 3, 2014 at 5:00 p.m. ET. Proof of sending is not proof of receipt by Sponsor. Sponsor will not accept screen shots as proof of entry.
3. Entries must include a valid e-mail address for the entrant. Sponsor is not responsible for electronic communications that cannot be delivered due to incorrect or out-of-date information provided by entrant or that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain.
4. Entrants who fail to provide any required information may be disqualified without further notification by Sponsor. Sponsor is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. Sponsor reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of Sponsorand will not be returned or acknowledged.
5. The information that you provide in connection with the Promotion may be used Sponsor in accordance with its Privacy Policy, which is found at //www.cabinsofthesmokymountains.com/privacy_policy.php and which may be updated from time to time.

RESTRICTIONS ON PINNED IMAGES/COMPLIANCE WITH PINTEREST® TERMS

1. Pinned Images must not:

a. contain material or promote activities that, in Sponsor’s sole discretion, are hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;

b. contain material that is threatening to any person, place, business, group or world peace;

c. contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group;

d. contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application;

e. 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 infringement.

f. without limiting the foregoing, submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor; or

g. include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness on Pinterest® or otherwise use such images or likenesses in accordance with these Official Rules.

1. Each entrant represents and warrants that he/she will abide by and comply with the Pinterest® Terms of Use and Acceptable Use Policy. Each entrant further represents and warrants that the images that the entrant posts on Pinterest® as part of his/her entry that are not repinned from the “My Dream Smoky Mountain Cabin” Pinterest® Board do not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of this Promotion. Each entrant hereby agrees to indemnify and hold Sponsor and their its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of (a) any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder; or (b) entrant’s use of images on Pinterest® other than those re-pinned from the “My Dream Smoky Mountain Cabin” Pinterest® Board in connection with entrant’s participation in this Promotion.

SELECTION, NOTIFICATION AND VERIFICATION OF WINNER

1. On May 6, 2014, or within a reasonable time thereafter, Sponsor or its designee will randomly choose one (1) entry from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner.
2. Sponsor will notify potential winner via email message sent to the email address used in their sweepstakes entry. Potential winner must respond to initial notification within forty-eight (48) hours and may be required to present valid photo identification, signed affidavit or declaration of eligibility, liability release, publicity release (where legal), tax forms and/or other legal documents to Sponsor within seven (7) days after initial notification. Sponsor in its sole discretion may allow transmission of verification documents via fax or e-mail. Prize will be delivered electronically to winner.
3. In the event that potential winner (a) cannot be contacted directly by Sponsor within forty-eight (48) hours from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, Sponsor in its discretion may disqualify that individual and, an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
4. Sponsor may, in its sole discretion, post the verified winner’s name on its Pinterest® account at http://pinterest.com/CabinsSmokyMtns/, on its Facebook® account at https://www.facebook.com/pages/Gatlinburg-Falls-Resort/119912314748339, its Twitter® account at https://twitter.com/GFallsResort and/or on its web site at www.CabinsOfTheSmokyMountains.com.

PUBLICITY RELEASE

1. By accepting a prize, winner agrees to award Sponsor the right to publicize his or her name, photographs (including the use and appearance of winner’s photograph on Sponsor’s web page), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

1. Entrants agree that Venture Resorts, Inc., Pinterest®, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (collectively the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsor by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
2. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
3. BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
4. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

MISCELLANEOUS

1. This Promotion is in no way sponsored, endorsed or administered by Pinterest®. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
2. Sponsor reserves the right to cancel, suspend or terminate this Promotion or any part thereof, in the event that Sponsor determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond Sponsor’s control. In such an event, Sponsor will select the winner by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
3. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards Sponsor or any other entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
4. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
5. All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify that entry and/or entrant from the Promotion at any time.
6. Sponsor reserves the right to correct typographical or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.

DISPUTES

1. By entering the Promotion, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) 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 for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
2. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the State of Tennessee.
3. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in the County of Sevier, State of Tennessee, and entrants expressly consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
4. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
5. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

WINNER’S NAME/OFFICIAL RULES

1. For a copy of the Official Rules or the final Winner’s Name, visit [URL TBD] or mail a SASE to: Pin to Win: Cabins of the Smoky Mountains c/o Billy Parris, 653 Hidden Valley Rd., Gatlinburg, TN 37738 specifying either “Winner’s Name” or “Official Rules Request.” Vermont and Washington residents may omit return postage. Winner’s Name will be available after June 30, 2014.