MALIN + GOETZ X AVANI SWEEPSTAKES
PRESENTED BY MALIN + GOETZ INC AND AVANI HOTELS & RESORTS

 

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the fifty (50) United States (and. D.C.) and England, Scotland, Wales and Northern Ireland. Subject to all applicable federal, state, provincial, territorial and local laws, regulations, and ordinances. Sweepstakes begins on 17 May 2024 at 9:00:00 a.m. Eastern Time (“ET”) and ends on 27 May 2024 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsors’ computer is the official time keeping device for this Sweepstakes. Entries received after the end of the Sweepstakes Period will not be valid for the Sweepstakes.

1. Eligibility: The Malin + Goetz x Avani Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the fifty (50) United States including the District of Columbia and to legal residents of England, Scotland, Wales and Northern Ireland. All entrants must be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, as of the date of entry. Employees, officers, and directors of Malin + Goetz and Avani or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Sweepstakes Entities”), and 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. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsors’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsors reserve the right to verify the eligibility of winners.

2. Sponsors: Malin + Goetz Inc., 330 Seventh Avenue, 21st Floor, New York, New York 10001 USA (“Malin + Goetz”) and Avani (Minor Hotels Limited, 12th Floor The Parq, 88 Ratchadaphisek Rd, Khlong Toei, Bangkok 10110 THAILAND) (“Avani”, together with M+G, “Sponsors”).

3. How to Enter: During the Sweepstakes Period, to enter, you must either (1) follow @malinandgoetz and @avani_hotels on Instagram, like both Malin + Goetz and Avani’s Instagram posts about this Sweepstakes (“Instagram Posts”) and tag a friend (who is at least eighteen (18) years of age or the age of majority in their jurisdiction of residence). Upon completion of this Entry Condition, you automatically will be entered with one (1) entry into the Sweepstakes. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. Any attempt by any participant to obtain more than one (1) entry by using multiple and/or different identities, email addresses, Instagram accounts, or any other methods will void all of that participant's entries, and that participant may be disqualified at Sponsors’ discretion. Multiple participants are not permitted to share the same Instagram account. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to complete the Entry Condition will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address (and who has registered that email address with Instagram). Potential winners may be required to show proof of being the authorized account holder to the Sponsors or forfeit the prize. Entries specifying an invalid, non-working, or inactive Instagram account will be disqualified and ineligible to win. You must complete the Entry Condition above to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.

4. Selection of Winners: On 27 May 2024, Sponsors will select the name of the potential winner of the prize in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The potential prize winner will be notified by direct message to their Instagram account on or about 27 May 2024. Except where legally prohibited, the potential prize winner must sign and return, within two (2) days of being notified, a Declaration of Eligibility, Liability & Publicity Release (“Declaration/Release”) in order to claim their prize. If a potential prize winner cannot be contacted in person via Instagram after the first attempt to contact them, or if a potential prize winner fails to sign and return the Declaration/Release or any other required documents within the required time period, or in the event that a potential prize winner is disqualified for any reason, Sponsors will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which any remaining prize will remain un-awarded.

Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. 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.

5. Prize: One (1) grand prize will be awarded to the winner. The winner will be able to select a trip to either Venice, Italy or Lisbon, Portugal, with a total actual retail value of up to US$4700, consisting of:
- Two round trip Economy class flights from the winner’s city of residence to Venice or Lisbon (total value up to US$2,252 depending on the winner’s city of residence)
- Four-night stay at either Avani Rio Novo Venice Hotel or Avani Avenida Liberdade Lisbon, including half board (breakfast and lunch or dinner), airport transfer to the hotel and, if applicable, an Avani experience (total value up to US$2,223)
- Trip allowance of US$50 per day for four days (total value of US$200)
- If winner choses the Avani Avenida Liberdade Lisbon location for their stay, a dinner at SEEN by Olivier, Lisboa (Av. da Liberdade 185, 1250-147 Lisboa, Portugal) gifted to the winner (total value of US$200)

Please note:
- The winner’s guest must be over 18 years old.
- Exact dates to be agreed by the winner and the Sponsors. The trip must be taken between 1 June 2024 and 31 May 2025. The trip cannot be taken on the following dates:

• For Avani Rio Novo Venice Hotel:
  - June 2, 2024
  - August 15-18, 2024
  - November 1-3, 2024
  - December 7-8, 2024
  - December 25, 2024 - January 3, 2024
  - April 14-21, 2025
  - February 16 - March 3, 2025
  - May 21-24, 2025
• For Avani Avenida Liberdade Lisbon:
  - June 10, 2024
  - October 5, 2024
  - December 1-7, 2024
  - December 21, 2024 - January 8, 2025
  - April 14-21, 2025

- For residents of England, Scotland, Wales and Northern Ireland, flights are limited to direct flights from the following UK airports: Heathrow, Gatwick, Manchester and Edinburgh.
- The winner and their guest must have valid passports and any required visas if traveling internationally.
- Economy class flights will include 1 piece of checked luggage per person, approximately 23 kg max depending on airline policy.
- Trip allowance will be transferred directly to the winner’s bank account. The winner will be responsible for currency conversion.
- The winner is responsible for arranging and paying for any other transportation not specifically stated herein, including transportation to and from any airport in United States or the United Kingdom.
- Meals not specifically stated herein are not included.

Prize Restrictions: All costs, expenses and arrangements (including meals, visa, transportation and insurance) not included within the prize shall be the responsibility of the winner. Any and all applicable federal, state, provincial, territorial and local taxes and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsors reserve the right to make an equivalent prize substitution at their sole discretion. Prize cannot be used in conjunction with any other Sweepstakes or offer.

6. General Conditions: Subject to applicable law, Sponsors reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in their sole discretion. Sponsors and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsors. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right at their 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 Sweepstakes; 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. Subject to applicable law, if, for any reason, the Sweepstakes is not capable of running as planned, Sponsors may, in their sole discretion, void any suspect entries and (a) terminate the Sweepstakes (or any portion thereof), (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

7. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsors, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes or receipt or use or misuse of any prize. No more than one (1) prize will be awarded.

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND (TO THE EXTENT PERMITTED BY APPLICABLE LAW) SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, THE WINNER GRANTS TO SPONSORS (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSORS), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY FORM, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

9. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the state and federal courts in the State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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 Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

10. PRIVACY NOTICE: Any personal information sent to, shared with or collected by Sponsors in connection with this Sweepstakes is subject to Sponsors’ Privacy Policy found here and here. Sponsors and the affiliates, subsidiaries, representatives or service providers of Sponsors may use entrants’ and/or referrals’ personal information submitted with entry for purposes of managing the sweepstakes, for prize fulfillment and/or for future marketing by Sponsors, including to notify them of a product or promotion that Sponsors thinks may be of interest.

11. Official Rules and Winners List: For a copy of the Official Rules, visit malinandgoetz.com/european-giveaway or send a stamped, self-addressed envelope for receipt by 12 March 2024 to: Contests at Malin +Goetz, 330 Seventh Avenue, 21st Floor, New York, New York 10001 USA. For a list of winners available after 24 May 2024, send a stamped, self-addressed envelope for receipt not later than 27 May 2024 to: Contests at Malin + Goetz, 330 Seventh Avenue, 21st floor New York, New York 10001 USA. VT residents in the United States may exclude return postage.

Copyright ©2024 Malin + Goetz Inc. All marks and logos are trademarks of Malin + Goetz Inc in the United States and abroad. All rights reserved.