Spirit Halloween x Winchester House Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Spirit Halloween x Winchester House Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are fifteen (18) years of age or older at the time of entry. Void where prohibited. Employees of Spencer Gifts LLC and its respective parents, affiliates, subsidiaries, distributors, sales representatives, and all other service agencies involved with the Sweepstakes and members of their immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee are not eligible to participate or win. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
Spirit Halloween, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234.
Sweepstakes begins on 25, April 2023 at 8 a.m. ET and ends 27, April 2023 at 11:59 p.m. ET (“Sweepstakes Entry Period”). The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws.
4. How to Enter
You must complete the following steps:
A) Follow @SpiritHalloween on Instagram
B) Like or comment on the Sweepstakes post as instructed
Limit of one (1) entry per person during the Sweepstakes Entry Period. Multiple participants are not permitted to share the same email address or Instagram account. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, Instagram accounts, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.
5. Winner Determination
On or about two (2) business days after the end of the Sweepstakes Entry Period, the Sponsor will draw potential winners for the prizes described below in a random drawing of all valid entries received. POTENTIAL WINNERS WILL BE NOTIFIED BY DIRECT MESSAGE ON INSTAGRAM FROM @SPIRITHALLOWEEN AND WILL BE REQUIRED TO RESPOND WITHIN 72 HOURS OF NOTIFICATION. Failure by a potential winner to respond to any contact within the stated timeframe will result in disqualification, and Sponsor will select an alternate potential winner in the same manner. Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Sweepstakes Entry Period. Limit of one prize per person.
6. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES.
7. Verification of Potential Winners
Potential winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted, or the potential winner notification or Affidavit is returned as undeliverable, (b) potential winner declines or cannot accept, receive or use the prize for any reason, (c) of noncompliance with these Official Rules or any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, or (e) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected in a random drawing, from among the other eligible entries received, as described in Section 5 above. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
A. There will be a total of:
• Grand Prize Trip: One (1) Trip for two (2) to San Jose, CA and Winchester Mystery House. Prize
includes: round trip air transportation for winner and guest, capped at $1000 a ticket; 3 days/2 nights hotel accommodations (one room, double occupancy), two (2) tickets to a daytime VIP privately led Guided Mansion Tour with additional rooms not normally accessible to the public, one (1) catered, private dining experience in one of Sarah Winchester’s restored dining rooms, and after dark séance experience and mansion walk through accompanied by a professional medium - ARV $4999.
a) Round trip, coach (economy) class air transportation for winner and one (1) guest from the major airport closest to winner’s home (as determined by Winchester in its sole discretion) to San Jose, CA*. Winner will be responsible for ground transportation to/from the airport at point of origin and ground transfers to/from the airport in San Jose, CA and to/from the hotel and Winchester.
b) Hotel accommodations, room and tax only, for winner and one (1) guest in a maximum of one (1) room (double occupancy) at Hotel Valencia Santana Row, San Jose, for three (3) consecutive days and two (2) nights. Hotel accommodations do not include meals, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip, not specified here.
c) Tickets to the daytime Guided Mansion Tour will include a private guide and customized tour route including rooms that are not traditionally open to the public.
d) Private dining experience will include catered dinner and drinks for winner and guest provided by Winchester served in the home in one of Sarah Winchester’s restored dining rooms. Exact location at Winchester’s sole discretion.
d) For the private séance experience and mansion walk through, winner and guest will receive private access to key rooms in the home after dark accompanied by a professional medium provided by Winchester.
Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to Winchester and Sponsor approval. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date and must complete travel by 12/31/23 or prize will be forfeited. If Winner elects to partake in any or all portions of his/her Prize with fewer than the allotted number of Guests or no Guest, the Prize will be awarded to Winner and each participating Guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she/they must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the hotel. Unless the child or ward of Winner or one of the allotted Guests, each Guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner. Warning: The Winchester House may be too intense for young children and is not recommended for children under the age of thirteen (10). Event occurs rain or shine. FMV of Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated FMV and final FMV of Prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. Winner and Guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Winchester. Prizes are non-transferable and have no cash value. All unclaimed and/or unused Prizes or portion thereof will remain the property of Winchester and may not be sold, exchanged or otherwise transferred by winner nor used by Sponsor, its agencies or clients. Winner and Guests must travel at the same time and must depart from the same city on the same itinerary. All details of the Winchester Prize will be determined by Winchester in its sole discretion and Winchester reserves the right to substitute a similar prize or prize element of comparable value.
Operating hours and availability of attraction and shows are subject to change without notice. Some special events may be separately ticketed. Winchester reserves the right to change the name of any ticket.
In connection with any visit to Winchester, please be advised that Winchester policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Winchester destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Winchester cannot guarantee that any person will not be exposed during a visit.
9. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Inc., Instagram and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that the prize is awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. For residents of Canada, without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
12. Limitations of Liability
The Released Parties are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) 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. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
Except where prohibited, by participating, entrants agree that all issues and questions concerning the construction, validity, interpretation, administration, and enforceability of the Official Rules, or the rights and obligations of an entrant and Sponsor shall be governed by and construed exclusively in accordance with the laws of the state of New Jersey without giving effect to any principles of conflicts of law of any jurisdiction and that: (1) any and all disputes, claims, and causes of actions arising out of, or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorney’s fees; (3) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim 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. By entering the Sweepstakes, all entrants agree to be subject to jurisdiction in the Federal and State courts of New Jersey and agree that all disputes relating in any way to this Sweepstakes must be resolved in the courts of New Jersey. Entrants agree not to raise the defense of forum non convenience.
14. Sweepstakes Results
To obtain the prize winner list, send a self-addressed, stamped envelope to: Spirit Halloween Marketing, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234-4197 Attn: Spirit Halloween x Winchester House Sweepstakes – Winner’s List. Requests must be received within 60 days of the end of the Sweepstakes Entry Period.
Instagram is in no way associated with or responsible for sponsoring, endorsing, or administering this Sweepstakes. All trademarks are the property of their respective owners.