NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. Sweepstakes starts on January 12th, 2024 at 12AM PST and ends on January 14th, 2024 at 11:59PM PST. Must be 18 years of age or older and a U.S. resident of the continental U.S. at time of entry to enter. One (1) winner. Void where prohibited by law. Sponsor: Fairview Associates

1. SPONSOR AND ADMINISTRATOR. The sponsor of the Sweepstakes is Fairview Associates. (“Sponsor”), 2141 N Fremont St, Monterey, CA 93940. Sponsor is the administrator of the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram.
2. PROMOTION PERIOD. The Sweepstakes begins on January 12th, 2024 at 12AM PDT and ends on January 14th, 2024 at 11:59PM PST (“End Date)(“Promotion Period”). A total of one (1) winner will be selected in a random drawing from all eligible entries received, as more particularly described in Articles 5 and 6 below. The sponsor’s computer is the official time keeping device for the Sweepstakes. 
3. ELIGIBILITY. The Sweepstakes is open only to residents of the continental United States and the District of Columbia who are 18 years of age or older at the time of entry (“Entrant” or “Entrants”). Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities’ affiliates, franchisees, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Sweepstakes (collectively, the “Promotion Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or note related, are not eligible to participate in the Sweepstakes.
4. HOW TO ENTER. Participant must post a picture of their rubber ducky at a Monterey Bay Area location on Instagram, Facebook and/or Twitter. Participant must also use the hashtag #DeAnzaDucky in the caption and tag the hotel on the social media platform the photo is posted on (@deanzainn on Instagram, @bwdeanzainn on Facebook, or @deanza_inn on Twitter).
   

   The Entrant must certify and warrant that the submitted photo(s) does not violate the rights of a third party or any copyright. Sponsor is not responsible for intellectual property violations that might have resulted through the submission of photos.

   
   If you participate via your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans.
   
   Each unique rubber ducky post to Instagram, Facebook, and/or Twitter will count as one entry toward the giveaway.
   
   By entering this Sweepstakes, you are consenting to be bound by these Official Rules.

5. WINNER SELECTION – RANDOM DRAWING: One (1) potential winner will be selected in a random drawing from all eligible entries received during the Promotion Period. The random drawing will be conducted on January 15th, 2024, 10:00AM PDT after End Date.
6. ODDS. Many will enter but only one (1) will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of Entrants who will participate in the Sweepstakes. All prizes will be awarded provided that a sufficient number of eligible Entries are received.
7. NOTICE TO WINNER. The winner will be notified through Instagram, Facebook, or Twitter from Sponsor to the user account used to submit their Entry (the “Winner Notification”) within one (1) day after the drawing. The winner will be required to respond to the Winner Notification (as directed in the Winner Notification) within one (1) day after its transmission. Sponsor is not responsible for private message, e-mail, mail, telephone or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within one (1) day of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. By accepting a prize, Winners acknowledge their compliance with the Official Rules.
8. PRIZES. One (1) winner in total will receive 10,000 Best Western Rewards Points. Limit one (1) prize per person/household. No cash back, cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
9. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION. Each person who enters the Sweepstakes and accepts a prize represents, warrants and agrees as follows:
   1. To be bound by these Official Rules and the decisions of Sponsor;
   2. To forever and irrevocably release, defend, indemnify, and hold harmless the Promotion Entities (and the directors, officers, employees, agents, successors, and assigns of each of the foregoing), including Instagram, from and against any and all liability for calais, judgements, fines, costs, expenses, causes of action, personal injuries, loss, or damage, including, without limitation, death and property damage, resulting from, arising from, or in connection with
      1. the Sweepstakes or participation (or the inability to participate) in the Sweepstakes and/or any element or activity thereof;
      2. any prize, including any liability or damage resulting from, arising from, or in connection with
         1. lost, late, stolen, misdirected, damaged, or destroyed prizes; or
         2. the acceptance, possession, use, or misuse of any prize, any defects in any prize, or the inability to use any prize; or
      3. any errors in these Official Rules or any marketing materials in connection with the Sweepstakes;
   3. the Entry does not contain any harmful computer code and is not otherwise corrupted;
   4. as of the date of the Entry, the Entry is not subject of any actual or threatened litigation or claim; and
   5. the Entry does not violate any applicable laws, and is not and will not be defamatory or obscene.
10. MISCELLANEOUS. Entrants and winners agree that Sponsor and the Promotion Entities
    1. shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and
    2. Have not made any warranty, representation or guarantee expressed or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.

Sponsor assumes no responsibility for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in any unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree imparied the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.

Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

1. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Sweepstakes or these Official Rules must be brought in the federal or state courts located in Monterey, California.
2. PRIVACY. Except as otherwise contemplated in these Official Rules, personal information collected in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy https://www.deanzainn.com/privacy-policy/
3. RULES AND WINNERS’ LIST. To obtain any legally required winners list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to De Anza Inn Rubber Ducky Day Giveaway, ℅ Fairview Associates, 2141 N Fremont St, Monterey, CA 93940. Please specify “De Anza Inn Rubber Ducky Day Giveaway Winners List” or “De Anza Inn Rubber Ducky Day Giveaway Official Rules” in your request. Requests must be received within two (2) months of the end of the Promotion Period.
4. RIGHTS TO IMAGES. By submitting their photos to Sponsor, Entrants agree to grant Sponsor free of charge the right to use the photo in any manner and media, including without limitation, the right to publish, adapt, distribute, copy, display or translate in printed or electronic media even if they are not the winning entry.