MONTE CARLO #MCSummerSelfie SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY SUBMITTING AN ENTRY (AS DEFINED BELOW AND WHICH INCLUDES YOUR PHOTO), YOU ACKNOWLEDGE AND AGREE THAT YOUR ENTRY (OR ANY PART THEREOF) MAY BE INCLUDED IN SPONSOR'S COMMERCIAL MATERIALS INCLUDING, BUT NOT LIMITED TO, ON MONTE CARLO S WEBSITE OR ON SOCIAL MEDIA PLATFORMS. The Monte Carlo s #MCSummerSelfie Sweepstakes ( Sweepstakes ) starts at 9:00:01 a.m. Pacific Time (PT) on June 26, 2015 and ends at 8:59:59 p.m. PT on Tuesday, September 8, 2015 (collectively, the Entry Period ). The sponsor of this Contest is Victoria Partners d/b/a Monte Carlo Resort and Casino, 3770 Las Vegas Boulevard South, Las Vegas, NV 89109 ( Sponsor ). The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by these Official Rules and Sponsor s decisions which, subject to Nevada Revised Statute ( NRS ) 463.362, are final and binding in all matters related to the Sweepstakes. Certain restrictions may apply. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or Facebook. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Sweepstakes, each entrant waives, discharges and releases Twitter, Instagram and Facebook from any and all liability associated with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor and not to Twitter, Instagram or Facebook. 1. ELIGIBILITY: You must be a legal resident of the 50 United States or the District of Columbia and be twenty-one (21) years of age or older at the time of entry to be eligible to participate in the Sweepstakes or win a prize. Employees, officers and directors of Sponsor and MGM Resorts International, and each of their respective parent companies, subsidiaries and affiliates, and the immediate family members (spouse, parents, siblings, and children (including steps of each) and each of their respective spouses, children and siblings) of each of the above and those living in the household of same are ineligible to participate or win in this Sweepstakes. All applicable federal, state and local laws and regulations apply. Sweepstakes is void outside the 50 United States and the District of Columbia and wherever prohibited or restricted by law. 2. HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN. There are two (2) ways to enter the Sweepstakes. 1
A. Enter by Submitting a Photo on Instagram: To enter by submitting a photo on Instagram, you must (i) have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com or via your mobile device, with such account in good standing; and (ii) post a photo on Instagram which includes a selfportrait ( selfie ) of you participating in a summer activity on-property or at home (each photo is a Submission ) and include the Hashtag #MCSummerSelfie (each Submission with the hashtag and other information that you submit/provide is your Entry into the Sweepstakes). You may not repost a Submission submitted by another person. You may not resubmit a Submission that you have already submitted. All Entries submitted via Instagram must be received by Sponsor during the Entry Period and no later than 8:59:59 p.m. PT on September 8, 2015. B. Enter Without Submitting a Photo on Instagram: To enter without posting on Instagram, hand print your name, address, phone number, email address and date of birth on a 3 ½ x 5 piece of paper and mail it in an envelope with sufficient postage to Monte Carlo Resort and Casino, Attn: Marketing Department, #MCSummerSelfie Sweepstakes Entry, 3770 Las Vegas Boulevard South, Las Vegas, NV 89109. You will receive one (1) entry (also, an Entry ) into the Sweepstakes. All mail-in Entries must be postmarked by September 8, 2015 and received by Sponsor by September 11, 2015. Limit: One (1) entry per stamped, outer envelope. All Entries submitted via US mail become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Releasees (as defined below) are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, undelivered, delayed, misdirected or postage-due Entries, which will be disqualified. Each entrant is limited to one (1) Entry per day during the Entry Period regardless of method of entry. Each entrant must use the same Instagram account for each of his/her Entries during the Sweepstakes. Limit one (1) Submission per Entry. Multiple entrants are not permitted to share the same Instagram account or email address. By submitting an Entry via Instagram as set forth herein, each entrant consents to receive from the Sponsor an Instagram comment to the Submission you submitted (though Sponsor is under no obligation to send such comment) and, if applicable, a direct message via Instagram notifying such entrant that he/she is a potential prize winner. Entries posted by a private Instagram account will not be recognized. An entrant will be required to have a public account in order for his/her Entry to be eligible. For purposes of this Sweepstakes, a day is defined as beginning at 12:00:01 AM PT and ending immediately before the start of the next day. Duplicate Entries or multiple Entries made by an entrant in excess of the number allowed are ineligible and will be disqualified. Sponsor s computer is the official time-keeping device for the Sweepstakes. Sponsor is not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit or interfere with a participant's ability to take 2
part in the Sweepstakes. In addition, Sponsor shall not be responsible for any damage to any computer, other electronic device or other property resulting from, participating in, or downloading any materials for, this Sweepstakes. Each Entry shall be deemed to have been submitted by the authorized account holder, at the time of such entry, of the relevant Instagram account. Entries which are late, lost, stolen, mutilated, tampered with, illegible, incomplete, mechanically reproduced, inaccurate, forged, irregular in any way or otherwise not in compliance with these Official Rules will be disqualified. Entries will not be returned and Sponsor reserves the right to dispose of such Entries in its sole discretion. Once submitted, an Entry cannot be deleted, cancelled or modified by entrant. Important Note About Data and Message Charges: Normal Internet access and usage charges imposed by your online service (if any) will apply. Submitting your Entry (and sending or receiving Instagram messages) via your wireless mobile device (which may only be available via participating wireless carriers) are subject to standard messaging rates/charges, data charges, and other airtime and carrier charges according to the terms and conditions of your service agreement with your wireless carrier. You understand that by participating in the Sweepstakes, if you are a potential winner, the Sponsor may contact you via mobile device, which will be subject to the charges pursuant to your carrier's rate plan. It is your sole responsibility to notify the Sponsor in writing if you change your Instagram account. Sponsor reserves the right to monitor Entries submitted via Instagram prior to (and/or after) posting them on Sponsor's social media platform(s). By entering this Sweepstakes via Instagram, each entrant acknowledges that his/her Entry may be posted at Sponsor's website or social media platforms, including but not limited to Twitter, Instagram, or Facebook in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry submitted by any entrant. Entries posted are the views/opinions of the individual entrant and do not reflect the views/opinions of Sponsor in any manner. By submitting an Entry, entrant agrees to abide by the terms of these Official Rules, the decisions of the Sponsor and MGM Resorts International, and the Sponsor's Privacy Policy available at http://mgmresorts.com/privacy.htm, and Instagram Privacy Policy and Terms of Use. 3. ENTRY/SUBMISSION REQUIREMENTS: Each Entry/Submission must be related to the theme set forth herein. Each Submission may, subject to the requirements herein, include: (i) the entrant; and/or (ii) one or more other individuals who are each at least 21 years of age as long as entrant has obtained the consent of each individual to submit the Submission which includes such individual(s) subject to these Official Rules. Each Submission may be in color or black and white, and is subject to any format, type and/or size restrictions set forth in the advertising for the Sweepstakes. Entrant must have been the photographer of each Submission that he/she submits, or otherwise must have received a license from the photographer which permits Entrant to (i) submit the Submission consistent with the terms and conditions of these Official Rules and (ii) grant to Sponsor all of the intellectual property rights which these Official Rules require Entrants to grant to Sponsor. Each Submission cannot have been submitted previously in 3
any other promotion of any kind or exhibited or displayed publicly through any means. By participating in the Sweepstakes and submitting your Entry/Submission as set forth herein, you agree, represent and warrant that it conforms to the submission content restrictions as listed herein (as well as all applicable guidelines, policies, requirements and conditions of the social media platform (i.e., Instagram) through which you submitted your Submission, and all applicable laws) and that Sponsor, may disqualify you from the Sweepstakes if it believes, in its sole discretion, that your Entry/Submission fails to conform to submission content restrictions and/or other restrictions/requirements set forth herein. Content Restrictions: Must not contain material that violates or infringes another s rights, including but not limited to privacy, publicity or any other intellectual property rights (e.g., publicity rights of other individuals in the Submission); You must be the owner of the copyrights in the Submission, or have the necessary rights to allow Sponsor to use the Submission as set forth in these Official Rules; Must not disparage Sponsor or any other person or party affiliated with the Sweepstakes and/or administration of the Sweepstakes; Must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate into his/her Entry/Submission for the Sweepstakes only Must not be inappropriate, indecent, obscene hateful, tortious, untruthful, inaccurate, defamatory, slanderous or libelous; Must not promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; Must not feature celebrities or animated characters; Must not promote irresponsible or excessive consumption of alcohol; must not promote illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message; Must not contain any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses; Must not communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Must not contain material that is (or which Sponsor reasonably believes may be) unlawful, in violation of or contrary to applicable laws, regulations and industry guidelines. Submitting a Submission to participate in the Sweepstakes constitutes entrant s agreement to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license (with the right to sublicense on a royalty-free basis, without entrant s separate consent, to third parties including, but not limited to, MGM Resorts International) to use, reproduce, modify, publish, create derivative works from, and publicly display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or 4
marketing purposes including, but not limited to, marketing purposes related to the Sweepstakes and/or to Sponsor s goods and services. If requested, entrant will sign any documentation (if any) that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission (and/or that may be requested to confirm such use). In addition, each entrant forever waives in favor of Sponsor all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant's permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting your Entry, you warrant and represent that your Entry is original and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. 4. WINNER SELECTION AND ODDS OF WINNING: On or about September 14, 2015, one (1) Grand Prize winner will be randomly selected from among all eligible entries received by Sponsor. Potential winner will be promptly notified via Instagram about his/her selection as a potential winner (provided that if winning Entry was submitted via the US mail, potential winner will be notified via email at email address provided in Entry) and may (in Sponsor s discretion) be required to sign and return an affidavit of eligibility and liability/publicity release (as directed by Sponsor) in order to receive the prize. In the event that a selected potential winner does not qualify or is not willing to accept the prize, an alternate will be randomly selected in accordance with these Official Rules (and the previously selected potential winner will forfeit his opportunity to win the prize). All decisions of Sponsor are final and binding. Odds of winning a prize depend upon the total number of eligible Entries received by Sponsor. 5. PRIZE: There will be one (1) Grand Prize offered. The One (1) Grand Prize winner will receive the Grand Prize which consists of the following prize elements: (i) a 2-night stay in a Spa Suite at the Monte Carlo Resort and Casino in Las Vegas, (ii) a Luxury Cabana at The Pool at Monte Carlo or bottle service at BRAND Lounge (valued at $650), (iii) $200 credit for use at The Spa at Monte Carlo, and (iii) a $100 dining credit to Yusho Asian Grill & Ramen in Las Vegas. No substitution, assignment, or transfer of any prize by a winner permitted. A prize winner may not choose the cash value in lieu of a prize. Limit one (1) prize per person. Total approximate retail value of Grand Prize: $1,380. The actual value of the prize may vary based on hotel rate fluctuations and dates of stay. A prize winner will not be deemed a prize winner until his/her submission of notification materials is verified, as required by Sponsor. Prize will be awarded provided it is properly claimed. No more than one (1) Grand Prize as stated in these Official Rules will be awarded. In the event more prize winner notifications are issued, or more legitimate prize winning claims are received than the number of prizes set forth in these Official Rules 5
due to computer, printing, human or other error or problem, Sponsor reserves the right to conduct a random drawing from among such entrants to determine the winner of the prize. If applicable, prize elements subject to terms and conditions set forth in applicable prize certificate. Note: All expenses not specified herein as being awarded are the sole responsibility of the prize winner. All elements of prize are valid for use for one (1) year after being awarded. Prize excludes airfare/transportation to/from Las Vegas, NV. All gratuities, excursions, incidentals, travel to/from Las Vegas, additional ground transportation in Las Vegas and any other expenses, fees or costs not specified herein as being awarded are the sole responsibility of each prize winner. All prizes are subject to availability and certain restrictions may apply including, but not limited to, blackout dates, venue closures and schedule changes. No changes may be made to prize details once any portion of arrangements has been made (if applicable). No substitution or cash equivalent of prize granted except at Sponsor's sole option. Winner will be required to present a major credit card at the time of check-in to cover incidentals and fees/services not included in the prize. Winner must be in good mental and physical condition and have no condition, disease, disorder, problem, impairment, or injury that will affect or be aggravated by his/her participation in any prize-related activity. All elements of the prize must be used during the same visit. 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 a prize (or any element of a prize) for one of equal or greater retail value if the designated prize (or element of prize) should become unavailable for any reason. Guest of winner, if any, must be 21 or older. EACH PRIZE IS AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED. 6. NOTIFICATION OF WINNER: The potential Grand Prize winner will be notified by Instagram message on or about September 14, 2015 (provided that if winning Entry was submitted via the US mail, potential winner will be notified via email at email address provided in Entry). If a potential prize winner cannot be reached after up to two attempts, does not respond by the stated deadline set forth in the notification or does not accept the prize per the Official Rules, then an alternate potential winner randomly selected in accordance with these Official Rules will be notified (and the previously selected potential winner will forfeit the prize), all in the sole discretion of Sponsor. Subject to these Official Rules, subsequent eligible Entries will be selected as provided for above until an eligible prize winner is reached and such eligible prize winner has submitted and returned all necessary documents (if any) as provided for herein, unless Sponsor determines otherwise in its sole discretion. Sponsor will use reasonable efforts to award the prize to an alternate winner (if necessary), but reserves the right to not award the prize after multiple efforts to identify an alternate winner (if any) who accepts the prize. In Sponsor s sole discretion, a selected winner may forfeit the prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if a selected winner (i) is unreachable or does not timely respond to Sponsor, (ii) declines or cannot accept, receive or use a prize for any reason, or (iii) does not comply with these Official Rules. In Sponsor s sole discretion, potential winner may be required to show valid state issued driver's license or other identification 6
(subject to Sponsor s approval) as evidence of identity. Each winner is solely responsible for reporting and payment of all federal, state, and local taxes (if any) and fees associated with receipt and/or use of prize. 7. AFFIDAVIT OF ELIGIBILITY, LIABILITY RELEASE AND PUBLICITY RELEASE: Potential winner may (in Sponsor s sole discretion) be required to complete, execute and send back to Sponsor an affidavit of eligibility, a liability release, and (except where prohibited) a publicity release as directed by Sponsor or an alternate winner may be selected. If sent, these documents will be sent out to potential winner by email (or other means) with instructions as to how to return them to Sponsor. Upon receiving a winner s response to Sponsor s winner notification and, if applicable, upon Sponsor receiving and approving the required document described above, the applicable prize will be awarded to selected winner. Failure to comply with these rules will cause the prize to be forfeited. Potential winner will also be required to complete, sign and send back an IRS Form W-9. Guest of winner may also be required to sign and return a release. 8. RELEASE AND LIMITATION OF LIABILITY: BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND MGM RESORTS INTERNATIONAL, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND SHAREHOLDERS, ADVERTISING AND PROMOTION AGENCIES, CONSULTANTS AND ANY OTHER COMPANIES PARTICIPATING IN THE SWEEPSTAKES, ADMINISTRATION OR FULFILLMENT OF THIS SWEEPSTAKES (COLLECTIVELY THE RELEASEES ) AS WELL AS INSTAGRAM, TWITTER AND FACEBOOK FROM ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO OR ARISING OUT OF THIS SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE CONTEST) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY PRIZE AWARDED, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY. Releasees and Facebook, Twitter and Instagram shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons. 7
Releasees are not responsible for: (i) 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; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process of the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) late, lost, undeliverable, damaged or stolen entries or notices; or (vi) 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. 9. GENERAL: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes, any Instagram account or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof, and, in such situation, to select the winner from among the remaining eligible non-suspect entries received prior to and/or after such action in accordance with these Official Rules to the extent possible, or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. No more than the stated number of prizes will be awarded. If such cancellation, termination, modification, or suspension occurs, notification will be posted on Sponsor s Facebook page and/or Sponsor s Instagram account. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR SOCIAL MEDIA PAGE, ACCOUNT OR PLATFORM, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 10. DISPUTES: Except where prohibited, entrant agrees that: (i) any and all disputes, claims and cause of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively under NRS 463.362; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any 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 8
the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nevada without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. By entering (or participating in any Sweepstakes-related activity), entrants (and others) consent to the jurisdiction and venue of federal, state and local courts located in Clark County, Nevada. 11. ENTRANT S PERSONAL INFORMATION: By submitting an Entry, you acknowledge and agree that information collected from you by Sponsor is subject to Sponsor s privacy policy available at http://mgmresorts.com/privacy.htm. Such information is collected by Sponsor (and/or its designee), and is not collected by Instagram, Twitter or Facebook. 12. OFFICIAL RULES: For a copy of these rules send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Monte Carlo Resort and Casino, Attn: Marketing Department, #MCSummerSelfie Sweepstakes Official Rules, 3770 Las Vegas Boulevard South, Las Vegas, NV 89109. All requests for the Official Rules must be received by March 14, 2015. 13. WINNER LIST: The name of the Grand Prize Winner may be obtained by sending a self-addressed stamped envelope to: Monte Carlo Resort and Casino, Attn: Marketing Department, #MCSummerSelfie Sweepstakes Winners List, 3770 Las Vegas Boulevard South, Las Vegas, NV 89109. All winner list requests must be received by March 14, 2015. RESPONSIBLE GAMING: MGM Resorts International endorses responsible gaming and strictly adheres to the Code of Conduct established by the American Gaming Association (AGA). Commitment to this includes employee training, public awareness and support of research initiatives by contributing to the National Center for Responsible Gaming. If you or someone you know has a problem gaming responsibly, please call the 24-hour Problem Gamblers HelpLine at 1-800-522-4700. 9