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Clifton Hill Resort Sweepstakes and Instant Win Game™ NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility: Clifton Hill Resort Sweepstakes and Instant Win Game™ (the “Promotion”) is open only to legal residents of the ten (10) Provinces (excluding Quebec) and three (3) Territories of Canada, and fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of HOCO Entertainment and Resort, Ltd. and HOCO's affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, provincial, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”). 2. Sponsor: HOCO Entertainment and Resort, Ltd., 4960 Clifton Hill, Niagara Falls, ON L2E 6S8. Administrator: HOCO Entertainment and Resort, Ltd., 4960 Clifton Hill, Niagara Falls, ON L2E 6S8. 3. Timing: The Promotion begins on July 12, 2009, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on November 12, 2012 at 11:59 p.m. ET (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion. 4. How to Enter: During the Promotion Period, go to http://contest.cliftonhill.com and fill out the online entry form. Complete and submit the online entry form including a valid home address. P.O. Boxes are not permitted. If this is your first time registering you automatically will receive one (1) entry into the Sweepstakes and a confirmation email link, advancing to the Instant Win Game page and receive one (1) Instant Win Game play for that month. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator's supplier is responsible for the functionality of the Instant Win Game. Limit: Refer a Friend - Bonus Sweepstake entries: 6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER’S NAME(S) HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED. 7. Verification of Potential Winners: Potential winners (both Sweepstakes and Instant Win) must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes Prize winner will be notified by email, telephone, or registered mail after the date of random drawing. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to HOCO Entertainment and Resort, Ltd., within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the applicable prize will remain un-awarded. Instant Win Game Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion. 8. Prizes: Sweepstakes Prize: ONE (1) GRAND PRIZE: Prize package includes: (i) Niagara Falls Getaway Package for 2 at the Comfort Inn Clifton Hill Resort in Niagara Falls, Canada The details of this package as follows: Niagara Falls Getaway Package: Package includes three (3) days and two (2) nights hotel accommodations (single room, double occupancy), room and tax only, at the Comfort Inn Clifton Hill Resort; One (1) Thirty dollar ($30) dining voucher valid for meals at Kelsey’s Restaurant on Clifton Hill; Two (2) Clifton Hill Adult FUN PASSES for admission to six (6) different Niagara Falls attractions; Complimentary Continental Breakfast at the Comfort Inn Clifton Hill Resort, Complimentary Parking at the Comfort Inn Clifton Hill Resort. Actual retail value varies upon fluctuations in the marketplace, seasonal or otherwise. Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. Package must be booked at least sixty (60) days prior to departure. All elements of the Grand Prizes must be redeemed at the same time, and no changes will be permitted upon confirmation. Package is subject to availability and blackout dates. Sponsor will determine package itinerary in its sole discretion, and Winner and companion(s) must travel at the same time and must depart from the same city. No refund or compensation will be made in the event of the cancellation or acts of god. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. If winner is between 18 & 21 years of age, he/she must be accompanied by an adult of at least 21 years of age in order to check into the onsite hotel at the Comfort Inn Clifton Hill Resort. Minor traveling companion(s), if any, must be accompanied by a parent or legal guardian. If winner is a minor in his/her state/province of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on fluctuations in market, seasonal or otherwise. Winner will not receive the difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the Sweepstakes prize depend on the number of eligible entries received during the Promotion Period. Instant Win Game Prizes: (ii) THREE (3) SECOND PRIZES: Winner receives One (1) Twenty Five percent (25%) Discount, Off One (1) Standard Hotel Room Reservation at the Comfort Inn Clifton Hill Resort. Actual retail value varies upon fluctuations in the marketplace, seasonal or otherwise. (iii) SIX (6) THIRD PRIZES: Winner receives One (1) Twenty Percent (20%) Discount, Off One (1) Standard Hotel Room Reservation at the Comfort Inn Clifton Hill Resort. Actual retail value varies upon fluctuations in the marketplace, seasonal or otherwise. (iv) TEN (10) FOURTH PRIZES: Winner receives One (1) Fifteen Percent (15%) Discount, Off One (1) Standard Hotel Room Reservation at the Comfort Inn Clifton Hill Resort. Actual retail value varies upon fluctuations in the marketplace, seasonal or otherwise. Terms, conditions and restrictions apply to all First, Second, Third and Fourth Prizes. Limit: One (1) Instant Win Game prize per person, per month. Odds of winning an Instant Win Game prize depend on the number of eligible prizes available divided by the number of Instant Win Game plays. For Room Discount Prizes: Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. A standard room must be booked at least sixty (60) days prior to departure. All elements of the discount must be redeemed at the same time, and no changes will be permitted upon confirmation. Discount prize reservations are subject to availability and blackout dates. Winner and companion(s) must travel at the same time and must depart from the same city. No refund or compensation will be made in the event of the cancellation or acts of god. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. If winner is between 18 & 21 years of age, he/she must be accompanied by an adult of at least 21 years of age in order to check into the onsite hotel at the Comfort Inn Clifton Hill Resort. Minor traveling companion(s), if any, must be accompanied by a parent or legal guardian. If winner is a minor in his/her state/province of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on fluctuations in market, seasonal or otherwise. Winner will not receive the difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. For All Prizes: No cash equivalent will be provided, all prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. 9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, HOCO Entertainment and Resort, Ltd. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. 10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes such as marketing and advertising, in any media, worldwide, without further payment or consideration, and waives any potential claims of privacy or publicity. 11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Limitations of Liability: 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 among all legitimate, un-awarded, eligible prize claims. 13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or (excluding any and all disputes, claims and cause of action arising out of or connected with the use of any of the prizes awarded in the Promotion) shall be resolved individually, without resort to any form of class action, and exclusively by the Ontario Court of Justice or the appropriate Ontario Court located in the Niagara Region, Ontario; provided however, claims for bodily injury, personal injury, or property damage arising out of the redemption, use, or misuse of any prize must be submitted to the jurisdiction and venue of the federal and provincial courts of the Province of Ontario, and construed and enforced in accordance with the laws of the Province of Ontario; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Promotion, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. 14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.cliftonhill.com/privacy.php). 15. Winner List: Winner List requests will only be accepted after the promotion end date (listed above). For the Winner List, send an email with subject line: " Clifton Hill Resort Sweepstakes and Instant Win Game, Winner List Request,” to update@cliftonhill.com. © 2010 All Rights Reserved.
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