Official Sweepstakes Rules

Smoky Mountain Vacation Giveaway
OFFICIAL SWEEPSTAKES RULES (“Official Rules”):

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES OR TO WIN A PRIZE. PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

These Official Rules are for Smoky Mountain Vacation Giveaway (the “Sweepstakes”). By entering, you are agreeing to be bound by these Official Rules, The Appy Lodge’s (“Sponsor”) Privacy Policy and the Appalachian Trail Conservancy (ATC) Privacy Policy.  If you do not agree to each of the terms and conditions of these Official Rules and Sponsor’s Privacy Policy, you are not eligible to enter or win the Sweepstakes.

1. ENTRANT ELIGIBILITY

The Sweepstakes is open to legal residents of the 50 United States.  You must be eighteen (18) years of age or older on the date you submit your entry. Sponsor reserves the right to require evidence of age and residency before any Prize is awarded to you.  Void outside the US, in Puerto Rico, and wherever prohibited by law.  In addition to Sponsor, the Sweepstakes will be promoted by the Appalachian Trail Conservancy (“ATC”), and [Five Oaks Hospitality] (“Five Oaks”).  Employees, officers, and directors of Sponsor, ATC, and Five Oaks, or Sponsor’s, ATC’s, and Five Oaks’ parents, subsidiaries, affiliated companies, agents, distributors, advertising, promotion, and production agencies, or members of their respective immediate families (parents, spouse, children, siblings) or individuals residing in their households (whether or not related) are not eligible to enter the Sweepstakes or to win the Prize.

2. HOW TO ENTER THE SWEEPSTAKES

The sweepstakes entry period begins at 12:00:01 AM Eastern Time (“ET”) on Friday, February 5, 2021 and ends at 11:59:59 PM ET on Friday, February 12, 2021 (“Entry Period”).  The Sponsor’s computer is the official timekeeping device for this Sweepstakes.

Visit  contest page here: appalachiantrail.org/smoky-mountain-vacation-giveaway.  Fill out the information on the entry page and click submit (“Entry”). No further action is necessary.

Limit one entry per person during the Entry Period.  Individuals that use more than one email address or that attempt to enter more than once during the Entry Period will be disqualified.  Odds of winning depend on total number of entries received.  Sponsor is not responsible for lost entries or transmissions, interrupted or unavailable network, server, or other connections or other errors or problems of any kind; or problems associated with any virus or any other damage caused to entrants’ systems.

Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

3. DRAWING DATE AND PRIZE

After the Entry Period closes, one (1) winner will be randomly selected on February 17, 2021 (“Drawing Date”).  All valid entries submitted during the Entry Period will be combined into a single pool, and from that pool, the winner will be selected.  The winner will receive a prize package: a trip for a total of four (4) family members (members of the winner’s immediate families, such as parents, spouse, children, and/or siblings) (“Winning Family”) to visit The Appy Lodge in 2021 (“Prize”). Prize package will include:

  • Four (4) day/three (3) night consecutive stay at The Appy Lodge.
  • Four (4) Annual Passes to Anakeesta.
  • Four (4) Tickets to Ripley’s Aquarium of the Smokies.
  • $100 Gift Card to The Park Grill.
  • $100 Gift Card to Crockett’s Breakfast Camp.
  • $100 Gift Card to Bones BBQ.
  • $100 Gift Card to No Way Jose’s.
  • $250 Gift Card to Nantahala Outdoor Center Great Outpost.

The total approximate retail value of the Prize is $1,600.

4. WINNER NOTIFICATION

A potential winner will be notified at their email address on the Drawing Date about how to claim the Prize. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt, 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.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. If there is still no confirmed winner(s) of such applicable prize after any such attempt has been made, such prize may not be awarded.

Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, and/or a Publicity Release which must be completed for all Winning Family members (collectively, “Prize Claim Documents”). The winner must email Sponsor at the specified email address with the requested information within five (5) days of receiving the request. Failure to respond or an inadequate response may result in disqualification and the selection of an alternative winner, at Sponsor’s sole discretion.

5. PRIZE CONDITIONS

If Sponsor receives no response from the potential winner, or if potential winner is found to be ineligible or not in compliance with these Official Rules, he/she will be disqualified.

Winning Family members must be available for travel in 2021. Winning Family must travel on same itinerary and must have valid photo ID and any other required documentation prior to departure. Prize must be used during 2021 or prize will be forfeited. Travel arrangements to The Appy Lodge, including but not limited to airfare, gas, transportation, and additional lodging, are the sole responsibility of winner.  Lodging at The Appy Lodge is subject to availability.  Winning Family travels at its own risk.  It is the responsibility of the Winning Family to follow all local and state guidelines.

Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor.

All travel related expenses other than The Appy Lodge accommodations that are part of the Prize, are the sole responsibility of the winner. These include but are not limited to ground transportation to and from home and airport, taxes, gratuities, incidentals, hotel room service or TV/cable charges, upgrades, insurance, service charges, luggage fees, meals, other food & beverages, and personal expenses such as telephone/Internet charges, and gift shop purchases.

All federal, state, and/or local taxes are the sole responsibility of the winner.  Winners of prizes with value over $600 will be issued an IRS 1099 tax form, and information will be reported to the IRS if legally required.  Winner will be required to furnish his/her Social Security Number for this purpose.

If any winner or companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify the winner with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

Except where prohibited by law, entry and acceptance of prize constitute permission to use the Winning Family member names, prize won, hometown, likenesses, videos, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

6. CONDITIONS

Sponsor reserves the right to modify any Sweepstakes or disqualify an entrant if fraud, misconduct or technical failures destroy the integrity of a Sweepstakes as determined by Sponsor in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor also reserves the right to cancel or amend the Sweepstakes and these Official Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Sponsor will notify entrants of any changes to the competition as soon as possible.

By entering the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final.  The Sweepstakes Entities are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; or (ii) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Sweepstakes. Sponsor reserves the right to cancel the Sweepstakes or change any element thereof, with or without notice, at any time. Sponsor also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process or who is otherwise in violation of the Sweepstakes Rules.

Each Prize is “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FROM SPONSOR INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. RELEASE AND LIMITATIONS OF LIABILITY

Each Entrant, by participating in a Sweepstakes, releases and agrees to hold Sponsor, and its respective parents, subsidiaries, affiliates, employees, advertisers, and independent contractors, as well as Facebook, Twitter, and Instagram, harmless from and against any and all liability, claims or action of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, relating to or arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, including participating in a Sweepstakes or in any Sweepstakes-related activity. Each entrant agrees to indemnify Sponsor from any and all liability resulting or arising from a Sweepstakes and to hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize awarded or the Sweepstakes. Additionally, Sponsor is not responsible for any virus contracted by an entrant’s computer through participation in a Sweepstakes, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Sponsor is not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with a Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of a Sweepstakes, the processing of entries, the notification of winner, or in any Sweepstakes-related materials. Sponsor is not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider, website, or other connections or any combination thereof.

UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF ANY TYPE OR ACTIONABLE IN ANY WAY.

8. INDEMNIFICATION

By entering a Sweepstakes, you agree to indemnify, defend, and hold harmless the Sponsor, ATC, and Five Oaks, and Sponsor’s, ATC’s, and Five Oaks’ parents, subsidiaries and affiliates, and each of their officers, directors, employees, owners, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any false or misleading statement or representation made by you in connection with a Sweepstakes; (ii) any non-compliance by you with these Official Rules; (ii) claims brought by persons or entities arising from or related to your participation in or involvement with a Sweepstakes; (iv) any use or misuse of the Prize; (v) or any error in the collection, processing, or retention of any entry information in relation to your entry and participation in a Sweepstakes.  Sponsor reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Sponsor in asserting any available defenses.

9. CHOICE OF LAW

The Sweepstakes shall be governed by and interpreted under the laws of the State of Tennessee without regard to conflict of law provisions. By entering a Sweepstakes, you agree that any disputes, claims, causes of action or controversies arising out of or in connection with that Sweepstakes shall be resolved on an individual basis by the State and Federal courts in Tennessee, which shall have sole jurisdiction of any controversy regarding or arising from the Sweepstakes or these Official Rules.  Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with the Sweepstakes or these Official Rules.

10. SEVERABILITY

If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

11. SWEEPSTAKES SPONSOR

The Appy Lodge, with an address of 168 Parkway, Gatlinburg, Tennessee 37738, is the sole sponsor of the Sweepstakes.  Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, and any other social media website that advertises this Sweepstakes.

12. PRIVACY POLICY AND NAME OF WINNERS

Any personally identifiable information collected during a Sweepstakes will be collected and used by Sponsor for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, in accordance with Sponsor’s Privacy Policy as stated at https://www.theappylodge.com/privacy/ and the Appalachian Trail Conservancy’s Privacy Policy and otherwise as allowed by law and these Official Rules. By submitting your entry, you agree that Sponsor may include your name and city/state in its promotional and advertising materials if you win a Prize. The name of the winner will be available upon confirmation of prize acceptance and completed affidavit. Winners will be posted on  appalachiantrail.org/smoky-mountain-vacation-giveaway.  You can also contact website@appalachiantrail.org for the list of winners.