BENCHMARK SPRING GETAWAY SWEEPSTAKES
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

Welcome to the Benchmark Spring Getaway Sweepstakes (“Sweepstakes”)! The Sweepstakes are sponsored by BMC-The Benchmark Management Company, LLC located at 1780 Hughes Landing Blvd. Suite 400, The Woodlands, Texas, 77380 (“we,” us,” or “Sponsor”).

Please read these official rules (the “Rules”) carefully as they are a legally binding agreement between any person who enters the sweepstakes (“you” or “entrant”) and us. These Rules affect some of your legal rights, including your right to sue.  Our [Privacy Policy] is also a part of these Rules, so please be sure to read it as well.

If you do not agree to the Rules without change, please don’t enter the Sweepstakes. Your entrance into the Sweepstakes will constitute your agreement to these Rules without modification.

ELIGIBILITY

The Sweepstakes are open to legal residents of the United States (including the District of Columbia who are at least 21 years old at the time of entry, excluding our employees, and the employees of our parent, related and affiliated companies, subsidiaries, departments or agencies, Participating Hotels (as defined below), franchisees, suppliers, advertising and promotional agencies, Sweepstakes administrators, and any other parties engaged in the development, production or distribution of Sweepstakes materials, and those living in the same household.

SWEEPSTAKES PERIOD

The Sweepstakes begins on March 8, 2022 at 12:00 a.m. Central Standard Time and ends on May 10, 2022 at 11:59 p.m. Central Standard Time (the “Sweepstakes Period”) after which time the Sweepstakes will be closed and we will not accept any further entries. The time clock on our computer, or that of our Sweepstakes administrator, will be the official determinant of when entries are received.

HOW TO ENTER

Generally. Visit our website and follow the online instructions to complete the entry form. The form will request, among other things, your first and last name and email address.  Submit your entry and that’s it!  Limit one entry per entrant. Please do not attempt to submit additional entries using multiple email addresses or you will be disqualified. Please be sure to provide an accurate email address, as we will use this to contact you if you are selected as a potential winner.

2. Invalid Entries. Entries that contain false or incomplete information are void, as are multiple entries. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Rules are void.  We must receive a complete entry to enter you into the Sweepstakes as determined by our computers or those of our Sweepstakes administrator. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.

PERSONAL DATA; YOUR IMAGE

1. Personal Data. As indicated above, we will collect certain information about you as a result of your participation in the Sweepstakes that would be considered personal data under applicable laws. We will use the personal data we collect from you in these Sweepstakes in accordance with our Privacy Policy linked to above. We will also use it to (a) administer the Sweepstakes, including locating and contacting potential and actual winners; and (b) as required by certain laws regarding same, which may include disclosing your first initial, last name and state or province of residence in a publicly available winners list.

2. Consent to Use Your Image. We may also choose to include photos of each Winner (as defined below), accompanied by their first names,  in our email marketing and promotions and to congratulate them after the Sweepstakes. 

By entering the Sweepstakes, you consent to our use of your personal data and, if you are a Winner, your image, as described in these Rules.

WINNER SELECTION

1. Random Draw. On or around June 15, 2022, we will randomly select one potential Grand Prize winner and two potential Runner Up Prize winners from the total number of eligible entries we receive. We will contact the potential winners by the email addresses from which they provided their entries within a reasonable time after we select the potential winners.

2. Additional Documentation. The potential winners may be required to complete additional documentation, such as an affidavit of eligibility, declaration of compliance with these Rules or a more detailed consent to use the potential winners’ image(s), or some combination of those (“Additional Documentation”). We will also notify the potential winner of the dates or times by which signed Additional Documentation must be returned and we must receive the Additional Documentation back by that time.

3. Disqualification. We will disqualify a potential winner if we cannot reach the individual by the email addresses they have provided, if they do not complete the required Additional Documentation, if they are otherwise not in compliance with these Rules, or if the potential winner declines to accept a prize. Disqualified potential winners’ prizes will be forfeited and we may either select another potential winner by the same process described in the preceding paragraph or choose not to award that prize.

4. Identity Dispute. If the identity of an entrant is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address entered at the time of entry (the “Authorized Account Holder.” A potential winner or any other entrant may be required to provide proof that he or she is the Authorized Account Holder associated with a selected entry.

No one is a winner unless and until we officially confirm that person as a winner in accordance with and as described in these Rules (a “Winner.”).

We will award one Grand Prize to one Winner and one Runner Up Prize to two Winners. The prizes will be delivered to the Winners via email:

Grand Prize

• One $1000 USD Benchmark eGift Card redeemable at any of the following hotels (“Participating Hotels”): eGift Card amounts can be applied to room reservation charges and food and non-alcoholic beverage charges (excluding taxes, resort fees, service charges and other mandatory charges.) Additional terms and conditions below apply

• Two $500 gift cards redeemable at the airline of the Winner’s choice, which may be redeemed entirely by the Winner or by the Winner and a travel companion (“Travel Companion”). Travel Companion must meet all the eligibility requirements in these Rules, except the Winner may travel with a person under the age of 21 if the Winner is the Travel Companion’s legal guardian.  

• If we are not able to acquire a gift card from the selected airline, we will substitute two $500 Visa® gift cards.

Estimated Retail Value of Grand Prize: $3000 USD.

Runner Up Prize

• One $500 USD Benchmark eGift Card redeemable at any of the following hotels (“Participating Hotels”): eGift Card amounts can be applied to room reservation charges and food and non-alcoholic beverage charges (excluding taxes, resort fees, service charges and other mandatory charges).

Additional terms and conditions below apply to all prize elements.

Estimated Retail Value of All Prizes: $4000 USD

Odds of Winning:

The odds of winning depend on the number of eligible entries received before end of the Sweepstakes Period.

RESTRICTIONS AND CONDITIONS ON PRIZE REDEMPTION

1. Generally. Winners (and Travel Companion, if applicable) must redeem all Benchmark eGift Cards within one year after the date the eGift Card is issued. Benchmark eGift Cards will expire after that date.  Grand Prize Winner and Travel Companion must travel on the same itinerary. Specific dates for travel and Participating Hotel stays are subject to availability and blackout dates at the Participating Hotel and applicable airline. We will not offer a refund or any other compensation if the booked flights are scheduled or delayed (although the airline might).  Air and ground travel are subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the airline and other transportation providers of choice, including as detailed in the airline passenger ticket contract.  Participating Hotel stays are subject to the applicable Participating Hotel’s policies. Winners and Travel Companion may be required to provide a valid credit card at the time of Hotel check-in. 

2. Additional Benchmark eGift Card Terms. Benchmark eGift Cards are not redeemable for cash except where required by law and may not be resold or transferred.  Redemption of airline gift cards or Visa® gift cards will be subject to any additional terms and conditions set forth on those cards or provided electronically by the applicable merchant(s).

3. Exclusions. Winners and Travel Companion will be solely responsible for any and all fees, charges, purchases, costs or other amounts relating to their redemption of the prize; we will only provide the prize components explicitly listed above. Without limiting the foregoing, Winners and Travel Companion will be solely responsible for: ground transportation to and from the airport and the Winner’s location and the Participating Hotel, any and all meals, beverages, in-room movies, mini-bar items, upgrades, and any and all personal incidentals charged their Participating Hotel rooms, meals, gratuities, passenger tariffs or duties, baggage fees, airline fees, surcharges, airport fees, service charges or facility charges, security fees, taxes or other expenses.  

4. Travel Documents; Taxes. Winners and Travel Companion are each solely responsible for obtaining all necessary travel documents, medical, travel, and life and all federal, provincial, state, local or other government or quasi-government taxes and fees on prize. If applicable, we will send Winners an IRS Form 1099MISC for the ERV of the applicable prize.

5. Sponsor Substitutions; Other Changes Prohibited. We will not replace any lost, mutilated, corrupted or stolen gift cards.  The actual retail value of the prize may vary based on airfare fluctuations and distance between departure and destination and time of year the trip is taken.  Winner will not receive difference between actual and approximate retail value and no prize substitutions will be made except as provided herein in our sole discretion. We reserve the right to substitute a prize or prize component for one of equal or greater value if the designated prize should become unavailable for any reason. 

6. Unforeseen Events.  We are not responsible or liable for events outside of our control that prevent Winners or Travel Companion from traveling or otherwise redeeming the prize.  This includes the illness of Winners or any Travel Companion, the policies of a Participating Hotel or airline, and all applicable governmental travel restrictions, advisories and recommendations, including any relating to COVID-19 or other pandemics or emergencies.  We will not be required to compensate Winners or any Travel Companion, or otherwise be liable to any of them, if one or more of them are not able to travel or redeem other prize components.

RELEASE AND INDEMNITY

Please read this Section carefully. It affects your legal rights, including your right to sue.

1. Waiver and Release. Without limiting our other disclaimers of liability in these Rules, by participating in this Sweepstakes and the acceptance or use of any prize, you agree to release and hold harmless Sponsor, our Sweepstakes administrator (if any) each Participating Hotel, our other prize suppliers, their respective parent companies, subsidiaries, affiliates, each such entity’s successors and assigns, and each of the foregoing entity’s officers, directors, members, employees, contractors and agents (collectively, the “Released Parties”) from and against any claim or cause of action, suit, proceeding, liability, loss, damage, fine, penalty, cost or expense (“Claims”)  arising out of, relating to, associated with or incidental to the Sweepstakes, including, without limitation, your participation in the Sweepstakes, including, if applicable, your redemption, acceptance and use (or misuse) of any prize component, whether known or unknown to you at the time of this waiver, including, but not limited to, personal injury, death, or damage to or loss of property. You further agree to permanently and forever waive any and all such Claims against any and all Released Parties to which you may be entitled, including those of which it may not be aware as of the date of this waiver.

For residents of California, USA: You explicitly agree to waive the protections to which you may be entitled under California Civil Code Section 1542, which reads:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

2. Indemnity. Without limiting any other term or condition of these Rules, you agree to indemnify, defend and hold the Released Parties harmless from and against any and all Claims arising out of or relating to the your failure to comply with these Rules and your acts or failures to act.

3. Additional Limitation of Liability: Without limiting any other term or condition of these Rules, you acknowledge and agrees that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by you, 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 which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, damaged or stolen mail or email; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt or use or misuse of any prize.  We are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. We are not responsible for any typographical or other error in any entry, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes.  If for any reason an your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the applicable portion of the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. 

ADDITIONAL TERMS

1. General Conditions. We reserve the right to cancel, suspend or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by us in its sole discretion. In such event, we, in our sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. We reserves the right to disqualify any individual we find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Rules of this or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law.  Our failure to enforce any term of these Rules will not constitute a waiver of that provision.

2. Governing Law; Jurisdiction. These Rules will be governed and construed in accordance with the laws of the State of Texas. You consent to the exclusive jurisdiction of the courts of the State of Texas for the adjudication of any Claims or disputes arising out of these Rules. Venue for such Claims or disputes will be in the courts of competent jurisdiction located in Montgomery County, TX.

WINNER LIST

For a list of the Winner, please contact us at [email address] with the subject line “Spring Getaway Sweepstakes Winner List.” The list will be available 60 days after the end of the Sweepstakes Period and we will not respond to requests received more than 180 days after the end of the Sweepstakes Period.