Accor ALL 31 Thank Yous (Holiday Calendar) December 1 – 31, 2022

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Please read these ALL – Accor Live Limitless 31 Thank Yous 2022 Sweepstakes Official Rules (the “Official Rules”) carefully as they constitute a legally binding agreement between the Sponsor and the person entering the Sweepstakes (as defined below) (“you” or “entrant”) which affects your legal rights.

SPONSOR

Accor Management Canada Inc., 155 Wellington Street West, Suite 3300, Toronto, Ontario Canada, M5V 0C3 (“Accor” or “Sponsor”).

SWEEPSTAKES PERIOD

The ALL – Accor Live Limitless 31 Thank Yous 2022 Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, December 1, 2022 and ends at 11:59:59 PM ET on Saturday, December 31, 2022 (the “Sweepstakes Period”).

Please note that the Sweepstakes Period consists of thirty (30) entry periods for Daily Prizes (each a “Daily Entry Period”), during which entries for the applicable Daily Prize must be received. Each Daily Entry Period has its own entry start date and end date (deadline) and entrants will not be entered for a chance to win any Daily Prize after the end of its Daily Entry Period (all as further described below in the section titled “PRIZES”).

ELIGIBILITY; PRIVACY POLICY

The Sweepstakes is open only to legal residents of Canada, the fifty (50) United States and the District of Columbia who are 21 years of age or older at the time of entry with a valid ALL – Accor Live Limitless membership.

Employees, representatives, or agents of Sponsor, its parent companies and their respective subsidiaries, affiliates, prize providers, advertising, marketing and/or promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, the “Sweepstakes Parties”), and the immediate family members of, and/or those living in the same household of each, are not eligible to enter.

The Sweepstakes and your entry and participation in it is subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations and these Official Rules. By entering, all entrants agree that they have read these Official Rules and agree to abide by and to be bound by the terms and conditions of the Official Rules, and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render entrants ineligible.

Please note that our privacy policy, available at https://all.accor.com/security-certificate/index.en.shtml is incorporated by reference and is a valid and binding part of these Official Rules.

If it is found that a person who does not meet the eligibility criteria set forth in these Official Rules has submitted an entry, that entry will be deemed ineligible. Sponsor reserves the right to verify eligibility requirements. Void where prohibited by law.

HOW TO ENTER

THERE IS NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

To enter the Sweepstakes, visit www.31thankyous.com (the “Website”) during the Sweepstakes Period and click “REVEAL PRIZE”. Next, click “ENTER NOW” and complete the online registration form by submitting your name and email address to earn one (1) entry into the applicable Daily Prize Draw and one (1) entry into the Grand Prize Draw (the “Entry”). In addition to providing the above information, you will be required to attest to full compliance with these Official Rules. Once you have registered on the Website, you may enter each subsequent day of the Sweepstakes Period by logging in and clicking “REVEAL PRIZE” then “ENTER NOW” to earn one (1) Entry. If cookies are enabled in your browser, the Website will remember you and you will not be required to log in again. If cookies are not enabled in your browser, you will need to log in to the Website each time you enter.

Limit of one (1) entry per person per day during the Sweepstakes Period (not including Grand Prize draw bonus entries discussed below).

You must enter by the end date of the Entry Period drawing in order to be eligible for that drawing. Non-winning qualifying Participants from one drawing will NOT roll into subsequent drawings, if any. All entries become the property of the Sponsor and will not be acknowledged or returned. For clarity, all entries for the Grand Prize must be received before the end of the Sweepstakes Period. Entries which are incomplete, illegible, or fraudulent are null and void. Sponsor is not responsible for incomplete, incorrect, or inaccurate capture of entry information. Late entries will not be considered.

Any attempt by any entrant to exceed the entry limit by using multiple/different e-mail addresses, identities, registrations, or any other methods will void all that entrant’s entries and that entrant will be disqualified. Use of any automated, programmed or like means to enter the Sweepstakes will result in disqualification. Sponsor and the Sweepstakes Parties are not responsible for late, lost, garbled/undecipherable, misdirected, incomplete or invalid entries, which will be disqualified.

PERSONAL INFORMATION

As indicated above, we may use any personal information that you provide us in accordance with our privacy policy linked to above. In addition, we may use any personal information that you provide us in connection with these Sweepstakes, including your name and email address to be submitted with each entry, as necessary to administer, manage and operate these Sweepstakes (including releasing a list of winners, as discussed below) and otherwise as permitted in our privacy policy referred to above.

Also, if you are a potential winner and a U.S. resident, we may require you to complete a W-9 form, which will require you to provide us with additional personal information, including your social security number. We will only use information from the W-9 form to fulfill our tax obligations in connection with these Sweepstakes and for no other purpose. All other terms and conditions of the privacy policy apply, including how we store this information.

Finally, if you are a Winner, we will use and disclose your first initial, last name and, if available, the city and state or province in which you reside on our list of Winners, which we are required to maintain and to provide to others by law.

GRAND PRIZE BONUS ENTRIES

There are three (3) ways to earn bonus entries for the Grand Prize draw with a limit of forty-three (43) Grand Prize Bonus Entries per entrant during the Sweepstakes Period:

• 3-day Streak Bonus Entries: Earn three (3) bonus entries by entering the Sweepstakes three (3) days consecutively, for up to a total of three (3) bonus entries.
• 10-day Streak Bonus Entries: Earn ten (10) bonus entries by entering the Sweepstakes ten (10) days consecutively, for up to a total of ten (10) bonus entries.
• 30-day Streak Bonus Entries: Earn thirty (30) bonus entries by entering the Sweepstakes thirty (30) days consecutively, for up to a total of thirty (30) bonus entries.

ODDS OF WINNING

Odds of winning a Daily Prize depend on the number of eligible entries received for each Daily Entry Period; Odds of winning the Grand Prize depend on the number of eligible entries received for the entire Sweepstakes Period.

PRIZES

Grand Prize: One (1) grand prize (the “Grand Prize”) is available to be won. The Grand Prize consists of (a) hotel accommodations for five (5) nights (single room, double occupancy) at a select Accor hotel located in Canada, the United States or Central America that is included in the Ovation Rewards Hotel Collections A, B or C (each, a “North America or Central America Ovation Hotel”) and (b) 50,000 Accor Live Limitless Reward points. A list of North America or Central America Ovation Hotels are available here.

The Approximate Retail Value (“ARV”) of the Grand Prize: $4,000.00 USD.

Daily Prizes: Thirty (30) Daily Prizes are available to be won, as detailed below in the Drawing Period/Prize Description Schedule:

Daily Drawing Period/Prize Description Schedule

HOW TO WIN

Sponsor will select all potential winners for all prizes by random drawings conducted at Sponsor’s or its designee’s offices. Sponsor’s decisions are final.

Grand Prize: The potential Grand Prize winner will be selected at random from among all eligible entries received during the Sweepstakes Period on or about January 4, 2023.

Daily Prizes: Potential Daily Prize winners will be selected from among all eligible entries received during the applicable Daily Entry Period to be held on or about the date specified in the Daily Drawing Period/Prize Description Schedule above.

Potential Winner Notification: Sponsor will contact all potential winners by email to the email address submitted with the potential winners’ entry(ies). Sponsor will contact the potential Grand Prize winner on or about January 9, 2023. Sponsor will contact potential Daily Prize winners on or about the dates specified in the Drawing Period/Prize Description Schedule above. For all potential winners, Sponsor will make a minimum of two (2) attempts to contact each eligible winner within forty-eight (48) hours of the Approximate Notification Date.

Additional Requirements to Win. Potential winners will become confirmed winners (each a “Winner”) after meeting the requirements that follow. Failure to do so will result in disqualification and an alternate winner may be selected by the means set forth above. Potential winners will be required to:

(1) Verify their ALL – Accor Live Limitless membership number;

(2) Sign and return, within forty-eight (48) hours of notification and if provided by Sponsor, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form (if the potential winner is a U.S. resident) and/or a Declaration and Release if potential winner is a Canadian resident or as otherwise determined by Sponsor (collectively, “the Releases“). Please note: as indicated above, if the potential winner if a U.S. resident, he or she will be required to furnish his/her social security number which Sponsor will use as set forth above; and

(3)  if the potential winner is a Canadian resident, he or she will be required to correctly answer a time-limited skill-testing question without any assistance in order to become a Winner. The skill-testing question may be part of the Releases or may be provided separately.

Further, if a potential winner cannot be contacted within forty-eight (48) hours of notification after two attempts, as described above, including if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit any and all rights to the applicable prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate eligible entrant for the applicable prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Official Rules.

No one is a Winner unless and until the Sponsor officially confirms him/her as a Winner in accordance with and as described in these Official Rules.

PRIZE DELIVERY AND CONDITIONS

Prize Delivery: Certain prizes or prize components, such as gift cards/Ovation Rewards certificates, hotel stay/travel credits or vouchers, and/or Accor Live Limitless Reward points, may be delivered electronically to Winners and, if Sponsor does so, Sponsor will email the applicable prize components to the Winner at the email address provided in the Winner’s entry. Those prizes or prize components that are physical merchandise (i.e cannot be provided electronically) will be shipped to the applicable Winner within 4-6 weeks after the end of the Sweepstakes Period to the physical address the Winner provides to us when we notify him or her as discussed above. Sponsor will pay all postage/delivery costs, except for any tax liability as discussed below. Sponsor is not responsible and will not attempt to redeliver such physical prizes or prize components if our mailing is returned as undeliverable nor for any damage to or loss of the prize (or its components) occurring after they are delivered to the Winner. If the prize is returned as undeliverable or we are otherwise not able to deliver it to the address the Winner provides, whether electronic or physical, the Winner will forfeit the prize and we will select an alternate potential winner by the method set forth above.

Additional Prize Conditions:

• All prizes, whether the Grand Prize or Daily Prizes, that include hotel stays or meals (or both) must be redeemed (i.e. stays and meals fulfilled) by December 31, 2023.
• All prizes, whether the Grand Prize or Daily Prizes, that include hotel stays will be fulfilled through the provision of an Ovation Rewards Certificate for the applicable North America or Central America Ovation Hotel and all certificates and stays and are subject to the Ovation Rewards Terms and Conditions which are incorporated into these Official Rules by reference.
• ALL – Accor Live Limitless points awarded as part of a prize may expire in accordance with the ALL – Accor Live Limitless Terms and Conditions, which are incorporated into these Official Rules by reference.
• All guests of Winners may also be required to complete the Releases, or a subset of them. All guests must be 21 years or older, unless Winner is the guest’s legal guardian and Winner must complete the Releases or the applicable subset on such guest’s behalf.
• Winners and guests must stay or dine on the same itinerary
• All expenses and costs not expressly listed as part of a Prize are Winner’s sole responsibility, which may include airfare, taxes, tips, entertainment, transfers, and transportation between winner’s home the applicable hotel.
• Sponsor is not responsible for any fees or additional charges resulting from Winner’s or guest’s change to accommodations, or for hotel room charges for additional amenities, services, or incidentals.
• Winners are responsible for all federal, state, local and income taxes associated with winning a prize. Where applicable, Winners will be issued an IRS 1099 Tax Form for the fair market value of prize won.
• Prizes are not assignable, nor transferable and cannot be redeemed for cash or other items of value except at the sole discretion of the Sponsor.
• For prizes including hotel stays or meals with open dates, actual retail value is dependent upon the dates of stay. All individual hotel’s standard policies, procedures, regulations and conditions apply.
• In addition, all terms, conditions, and restrictions applicable to the awarding and redemption of ALL – Accor Live Limitless Reward points and/or use and/or redemption of any gift card or certificate that appear on the face of the card or are otherwise provided with the applicable prize (including by link to online terms) will apply.
• Prizes involving hotel stays may not be combined with any other offer. Unless the Daily Prize specifies the dates of hotel stays, specific dates of stay are subject to availability.
• If a Winner wins a prize that must be redeemed on a specific date or dates and is unavailable at such dates/times for any reason, the prize will be forfeited in its entirety, and Sponsor shall have no liability to Winner under any legal theory.
• Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  Winners acknowledge that Sponsor and the Sweepstakes Parties do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any prize or aspect of a prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).

ENTRANTS’ ASSUMPTION OF RISK; RELEASE OF CLAIMS AGAINST SWEEPSTAKES PARTIES

Please read this section carefully. It affects your legal rights, including your right to sue.

(a)        You acknowledge and agree that your participation in the Sweepstakes and, if applicable, your redemption of the Prizes, is undertaken voluntarily and entirely at your own risk and you agree to assume all such risk, including risk of property damage, bodily injury or death, and all other damage or potential damage, whether known or unknown to you.

(b)        You agree to release the Sweepstakes Parties and their subsidiaries, affiliates, divisions, employees, officers, directors, advertising and promotion, fulfillment and/or judging agencies, and related entities (together, the “Released Parties”) from any and all claims, causes, suits or other liability for any loss, harm, damages, costs or expenses, whether known or unknown to you, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, including, without limitation, any such Claims alleging or arising as the result of Released Parties’ negligence (together, “Claims”).

(c)        You agree to forever waive any and all Claims against the Released Parties and acknowledge and agree that the foregoing waiver and release shall be binding on your heirs, estate, successors and assigns. FOR RESIDENTS OF THE STATE OF CALIFORNIA: You acknowledge and agree that your release and waiver extends to the following, the protections of which you explicitly waive:

California Civil Code Section 1542: 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 the debtor.

DISPUTE RESOLUTION

Except where prohibited, entrant agrees that any and all Claims, disputes and/or controversies arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Province of Ontario. These Official Rules, including their interpretation, validity and enforceability, 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. The remedy for any Claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS PROMOTION WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

For Residents of Quebec Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

GENERAL

As indicated above, Sponsor’s decisions in connection with these Official Rules are final and binding. Without limiting your assumption of risk above, you specifically acknowledge that Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. Sponsor is not responsible for incompatibility of entrant’s hardware, software or browser technology.

We 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 our reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by us in our sole discretion.  We, in our sole discretion, reserve the right to disqualify any entrant we determine to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Our failure to enforce any term of these Rules will not constitute a waiver of that provision or any other provision of them.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.31thankyous.com/ or send an email to admin@31thankyous.com with subject line: ALL – Accor Live Limitless 31 Thank Yous 2022 Sweepstakes Official Rules Request. All requests must be received by January 15, 2023, at 11:59:59 PM ET.

WINNER CONFIRMATION REQUEST: For a written list of the winners, (available after January 18, 2023), send an email to admin@31thankyous.com with subject line: ALL – Accor Live Limitless 31 Thank Yous 2022 Sweepstakes Winner Confirmation Request. All requests must be received by February 28, 2023, at 11:59:59 PM ET.