NO PURCHASE NECESSARY
TO ENTER OR WIN
Borgata Sweepstakes (“Sweepstakes”) is subject to these Official Rules. By entering, all participants agree to be bound by these Official Rules and the decisions of Sponsor (as defined in Section 2) which are final and binding in all matters related to the Sweepstakes. Certain restrictions may apply.
1. Eligibility: Sweepstakes is open only to legal residents of the 50 United States (and the District of Columbia) who are twenty-one (21) years of age or older at the time of entry (unless otherwise excluded by Sponsor in accordance with applicable law). Proof of residency and age may be required. Entrant does not need to be a bachelor or bachelorette to participate or win. Employees, officers, directors, members and representatives of Sponsor and MGM Resorts International each of their respective parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of each of the above and persons living in the same households of each of the above are ineligible to participate or win in this Sweepstakes. Subject to all applicable federal, state and local laws and regulations. Sweepstakes is void outside the 50 United States (and the District of Columbia) and wherever prohibited or restricted by law.
2. Sponsor: The sponsor of the Sweepstakes is Borgata Hotel Casino & Spa, 1 Borgata Way, Atlantic City, NJ 08401(“Sponsor”).
3. Timing: Sweepstakes entry period begins on February 1, 2021 at 10:00 a.m. Eastern Time (“ET”) and ends on February 8, 2021 at 12:00am. ET (“Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter. No Purchase Necessary to Enter or Win: There are two (2) ways to enter the Sweepstakes: (i) via website entry; and (ii) via mail-in entry.
(ii) Mail-in Entry. To enter the Sweepstakes by mail during the Entry Period, simply hand-print your full name, mailing address (including zip code), telephone number (including area code), email address (optional), and date of birth on a postcard (or on a 8.5” x 11” piece of paper inserted into a standard business envelope) and mail it to: Borgata Hotel Casino & Spa, Social Media Department, Borgata Sweepstakes Winner List, 1 Borgata Way, Atlantic City, NJ 08401. All mail-in entries must be postmarked by February 7, 2021 and received by Sponsor by noon ET on February 9, 2021.
Limits. Limit one (1) Sweepstakes entry per person per email address. All entries in excess of the limits described herein are ineligible and will be disqualified.
5. Winner Selection and Notification: On or about February 9, 2021, one (1) winner will be randomly selected from among all eligible entries received by representatives of Sponsor. The odds of winning a prize depend upon the total number of eligible entries received. The selected potential winner will be notified via email and/or telephone, promptly after selection. Sponsor is not obligated to leave a voice, recorded, or other message. Selected potential winner will be required to respond to the notification within two (2) business days of the date and time notification was sent/attempted by Sponsor, with the required information or prize will be forfeited. The selected potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Selected potential winner may be required to sign and return an Affidavit of Eligibility and Liability & Publicity Release (“Affidavit”) and an IRS W-9 form to Sponsor. If required by Sponsor, these documents will be sent out to the potential winner by email along with instructions on to how to return them to Sponsor. In addition, winner’s guest(s) may (in Sponsor’s sole discretion) be required to execute and return a release of liability as directed in order to participate as winner’s guest. Selected potential winner may be required to provide his/her U. S. Social Security Number for tax purposes. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of any alternate winner(s).
In Sponsor’s sole discretion, a selected potential winner may be disqualified (and may forfeit his/her prize), and an alternate winner may be randomly selected in accordance with these Official Rules from among the remaining eligible entries if such selected potential winner (i) is unreachable or does not timely respond to any communication from Sponsor (or its designee) (or if a winner notification is returned as undeliverable), (ii) declines or cannot accept, receive or use a prize for any reason, (iii) fails to sign and return the Affidavit within the required time period, and/or (iv) does not comply with these Official Rules. Forfeited prizes may not be awarded. In the event that a selected potential winner is disqualified and/or is unable to satisfy the requirements herein, Sponsor will use reasonable efforts to award the prize to an alternate winner (if necessary and time permitting) who successfully meets the requirements to receive a prize, but reserves the right to not award the prize after multiple efforts to identify an alternate winner (if any) who accepts the prize.
Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner, are final and binding in all matters related to the Sweepstakes. Each selected potential winner may, in Sponsor’s sole discretion, be required to show a valid state issued driver’s license, government-issued identification or other identification (subject to Sponsor’s approval) as evidence of identity.
6. Prizes: One Prize is offered in this Sweepstakes.
Grand Prize. The one (1) Grand Prize winner will receive a Grand Prize which consists of the following prize elements: (i) Overnight stay in a Fiore Suite at Borgata (ARV: $330); (ii) Dinner for two at one of Borgata’s fine dining restaurants (reservation to be made by Marketing team; ARV: $250 - gratuity not included); (iii) Breakfast in bed (ARV: $100 - gratuity not included); Total ARV of Grand Prize: $680.00. Prize excludes airfare/transportation to/from Atlantic City, New Jersey.
Total ARV of all offered prizes: $680.00.
Unless otherwise indicated herein, all expenses and travel costs including, but not limited to, all transportation, meals, incidental, gratuities, surcharges, service charge or facility charges, personal charges at hotel, taxes or other expense, are the responsibility of winners and their guest(s). All elements of each prize are subject to availability, blackout days (which may include holidays, weekends and/or special events) and certain other restrictions. The Grand Prize must be used on February 28, 2021 and all elements must be used during the same stay. Grand Prize winner will be required to present a major valid credit card at the time of check-in to cover incidentals and fees/services not included in the prize. The food and beverage and spa credits are not valid for gratuities. If applicable, prize elements also subject to terms and conditions set forth in applicable gift certificate. The prizes are non-transferable and no substitutions 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. The values of the prizes set forth above represent Sponsor’s good faith determination of the ARVs thereof, and the actual fair market value of each prize will be determined in Sponsor’s sole discretion, and will be final and binding and cannot be appealed. Actual value of prize may vary based on time of stay and other factors. Winners are responsible for reporting and payment of all taxes and fees associated with prize receipt and/or use. Guests of winner must be twenty-one (21) years of age or older at the time of winner notification.
No changes may be made by winner (or any guest) to prize details once any portion of arrangements has been made. Sponsor is not responsible for changes in schedule of any element of the prize. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
7. 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 PROMOTION, ADMINISTRATION OR FULFILLMENT OF THIS SWEEPSTAKES (COLLECTIVELY THE “RELEASEES”) AND FACEBOOK, INSTAGRAM AND TWITTER FROM AND AGAINST 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 SWEEPSTAKES) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY OF THE PRIZES AWARDED INCLUDING, BUT NOT LIMITED, TO PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY.
Releasees shall not be liable to any 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 quasi-governmental 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.
Releasees are not responsible for and shall not be liable 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, 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 part in the Sweepstakes; (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, delayed, misdirected, incomplete, unreadable, inaccurate, undeliverable, damaged or stolen entries or notices (including winner notifications, if applicable); (vi) data corruption, theft, destruction, unauthorized access to or alternation of entry or other materials; (vii) any printing, typographical, human, administrative or technical errors or omissions in any material associated with the Sweepstakes; and/or (viii) any injury, loss, costs, expenses or damages to persons or property (including, but not limited to, damage to any computer system or mobile device related to participation in, accessing or downloading information related to the Sweepstakes) which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or any Sweepstakes related activity.
If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes unless it is not possible to award another entry due to discontinuance or completion of the Sweepstakes.
8. Publicity: Except where prohibited by law, by accepting a prize, each winner agrees and acknowledges that Sponsor and its designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Sweepstakes or any other promotion, contest or sweepstakes sponsored by the Sponsor.
9. General Conditions: Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should an error, virus, bug, computer problem or other cause or issue corrupt, restrict, prevent or inhibit the administration, security or proper operation of the Sweepstakes and, in such situation, to select the winners from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, Sponsor determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. No more than the stated number of prizes will be awarded. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE 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 causes 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 (ii) any and all claims, judgments and awards against one or more of the Releasees shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees (or other professionals’ fees); and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim and/or seek 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.
Each entrant must be the rightful owner or have authorized use of the email account associated with the entrant’s submitted email address (if provided). If a dispute arises about who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account provided. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
11. Governing Law: 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. 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 Atlantic City, New Jersey.
13. Official Rules: For a copy of these rules, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Marketing (attn.: Social Media/ Borgata Sweepstakes), 1 Borgata Way, Atlantic City, NJ 08401. All requests for the Official Rules must be received by July 1, 2021.
14. Winners List: For a list of prize winners, send a self-addressed stamped envelope to: Marketing (attn.: Social Media/ Borgata Sweepstakes), 1 Borgata Way, Atlantic City, NJ 08401. All winner list requests must be received by July 1, 2021.
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.