Santa Chat Official Rules

WARNING: Please be aware that there have been reports of fraudulent activities involving individuals or entities impersonating the Sponsor of this Promotion. These bad actors may create fake accounts and attempt to solicit financial or other sensitive information from participants. Exercise caution. Sponsor will never ask for your financial information, Social Security number, or any other sensitive personal information as a condition of entry or winning this Promotion.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS PROMOTION AND WILL NOT INCREASE YOUR CHANCES OF WINNING.

ELIGIBILITY:  This Santa Chat Promotion (“Promotion”) is open only to legal residents of the fifty United States and the District of Columbia, who are at least the age of 21 at the time of entering. Void where prohibited by law. Contestants residing in those areas where the Promotion is void or otherwise unavailable may participate in the Promotion but may not win any prizes. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of ESA Management, LLC (referred to hereafter as (“Sponsor” or “Extended Stay America”), and those of its affiliates, subsidiaries, and divisions are not eligible to enter. 

PROMOTION PERIOD:  The Promotion begins on December 13, 2024, at 11:00:00 am ET and ends on the same day at 4:00:00 p.m. ET (the “Promotion Period”). During the Promotion Period, Sponsor will have ten separate calls for entry in sequence. For each call for entry on the Feeds, you will have approximately twenty minutes to submit your entry for the particular call prompt, at which point, the call for such prompt will close. Sponsor shall determine the timing for the cutoff on the entries for each prompt in its sole discretion.

HOW TO ENTER AND WIN:    During the Promotion Period, visit Sponsor’s social media accounts on TikTok (https://www.tiktok.com/@extendedstayamerica), Facebook (https://www.facebook.com/ExtendedStayAmerica), Instagram (https://www.instagram.com/extendedstayamerica/), or X (https://x.com/extendedstay; together, the “Feeds”). During the Promotion Period, different prompts will appear in posts on the Feeds. Respond to the prompt by posting, tagging the relevant Feed on the platform you are using, and include the hashtag #SantaChat in your post during the Promotion Period. Sponsor will track the engagements during the Promotion Period. To qualify, each entry must be available for general public viewing and must meet the Required Representations and Warranties provided below. Each qualifying post made during the Promotion Period will provide you with one (1) entry.

REQUIRED REPRESENTATIONS AND WARRANTIES: To be eligible, all entries (including, without limitation, any and all information submitted) must comply with the following criteria (collectively, the “Required Representations and Warranties”):

• Your post must be your own original work. Modification of existing material does not count as original for purposes of this Sweepstakes. The entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
• Your post should not tag other persons, businesses, or organizations.
• The post must not depict, reference, or feature any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product, or service.
• The post must be appropriate for public display and viewing. Without limiting the foregoing, the entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
• The post must comply with all the requirements and terms regarding the use of your social media platform(s).

Entries (including, without limitation, the submitted information) that do not comply with the above requirements may not be eligible (as determined by Sponsor in its sole discretion). Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry complies with the entry requirements set out above including those at (i)-(v) above. Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winners (e.g., ask a judging panel as selected by Sponsor to determine qualifying entries). All entries are subject to verification.

WINNER SELECTION:  Ten (10) potential winners (one for each prompt) will be selected by random drawing from all eligible entries after the close of the entry period for each prompt during the Promotion Period. Odds of winning will depend upon the number of eligible entries received.

WINNER NOTIFICATION:   The potential winner(s) will be notified by direct message using the contact information available to Sponsor through the post. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within seven (7) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified 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. Each potential winner may be required to execute an affidavit of eligibility, a liability release, and (where legal) a publicity release.

PRIZES/ODDS:    The following prizes will be awarded for the respective prompts, as determined by Sponsor in its sole discretion: 

The prizes have the approximate retail Value listed above. Any difference between stated approximate retail value and actual value of prize will not be awarded. Any gift card or stored-value card prize is subject to certain terms and conditions as specified by issuers.

All prizes are awarded "AS IS."  Sponsor does not offer any warranty or guarantee, either express or implied (including, without limitation, authenticity of any autograph, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the provider of the prize. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.

All travel arrangements are the sole responsibility of the winner and guests. Booking requests are the sole responsibility of the winner, subject to the directions provided by Sponsor. Request for room nights must be made thirty nights in advance of the earliest requested dates and must be scheduled within 90 days of first notification of winning. Once booked, dates cannot be rescheduled, rebooked, or amended for any reason, and no full or partial refunds will be provided for any reason. Full voucher must be used on consecutive nights and cannot be broken up over non-consecutive bookings. Any portion of voucher not used in a single booking is void. Winner and any guests are solely responsible for all costs and liability associated with any travel related to the Promotion or any prize. No travel costs will be provided or compensated. Voucher is subject to blackout dates, restrictions, and other restrictions. Additional travel costs, tax, gratuity, meals, drinks, room service, souvenirs, security fees, gratuities, luggage fees, meals, ground transportation, incidental charges and any other additional costs or expenses (e.g., room service, meals, spa, room upgrades) not specifically stated herein are the sole responsibility of the winner and travel companion.  Winner and travel companion must possess and show valid travel documents and credit cards required by accommodating hotel, airline, airport security, and others during trip. Sponsor is also not responsible for any weather or airline issues that prevent winner and guest from traveling, in which event any missed portion of the prize is forfeited in its entirety and no substitution will be provided. Once accommodations have been arranged, no changes will be permitted.

CONDUCT: All contest participants agree to be bound by these Official Rules. Sponsor in its sole discretion reserves the right to disqualify any person it finds to be tampering with the entry process, the operation of its web site or is otherwise in violation of these rules.

NO LIABILITY & INDEMNIFICATION: By entering this Promotion, each entrant agree to release, discharge and hold harmless Sponsor and its directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Promotion or any Promotion-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Promotion; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Promotion; acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner).  The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Promotion.

GENERAL PROVISIONS:  To the extent allowed by applicable law, acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state/country) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (or for as long as allowed under applicable law), without further compensation except where prohibited by law.  Entrants (and any minor entrant’s parent or legal guardian) agree, to the extent allowed by applicable law, that Sponsor and its parents, subsidiaries, affiliates, franchisees, or any advertising,  promotion or other agencies or suppliers involved in this Promotion 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 Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.

By entering, you agree, to the extent allowed by applicable law,  that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.  To the fullest extent permitted by law, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of North Carolina or an appropriate North Carolina State Court.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.

WINNER LIST: Sponsor will provide an announcement of the winners on the Feeds after the close of the Promotion and the verification of the winners.