Tourism Authority of Thailand Announces #ThaiMillionSmiles Campaign in Partnership with Operation Smile and Celebrity Ambassadors, Nigel Barker and Michael Trevino

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

The #ThaiMillionSmiles Sweepstakes (the “Sweepstakes” or the “Promotion”) starts March 20, 2018 at 10:00:00 am.  U.S. Eastern Time (“ET”) and ends May 31, 2018 at 11:59:59 a.m. ET (“Promotion Period”).

Eligibility:

Promotion is open to permanent legal residents of the 50 United States and District of Columbia (void in Puerto Rico and all other U.S. territories and possessions) who are physically located and residing therein and who are at least 18 years old as of the Start Date. Entrants must possess a valid passport and, if selected as the Winner, comply with all Prize Conditions as set forth below. Employees, officers, and directors of the Tourism Authority of Thailand (“Sponsor”), Operation Smile (“Charity Beneficiary”), Instagram, and QUINN (“Administrator”) and their respective parents, subsidiaries, affiliates, promotion, related companies, agencies, and agents and members of their immediate family (defined as spouse, parent, sibling or child, and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, officers, and directors whether or not related, are not eligible to enter or win. Void where prohibited by law.  Promotion is subject to all applicable federal, state and local laws. By participating, you agree to abide by these Official Rules and the decisions of Administrator, which are final and binding in all respects.

This Promotion is in no way sponsored, endorsed or administered by Instagram or Operation Smile.

How to Enter:

During the Promotion Period, upload a photo on Instagram of what makes you smile about Thailand, using the designated hashtag #ThaiMillionSmiles and include in the caption: why this makes you smile and how it gives you a new perspective on life; for the opportunity to win the prize. Entries will not be judged.

An Instagram account can be opened for free at Instagram.com. When you join Instagram, you are indicating that you have read and agree to accept the Instagram Terms of Service and Privacy Policy. If you already have an Instagram account, you will have to sign into your account to upload a photo. Becoming a follower of @ThailandInsider will not increase your chances of winning. Entries will not be acknowledged or returned. All photo entries must be received between March 20, 2018 at 10:00:00 a.m. ET and May 21, 2018 at 10:59:59 a.m. ET to be eligible.

Limit one (1) entry per person and per Instagram account / username, regardless of method of entry. Multiple entries received from any person or Instagram handle in excess of the stated limitation will be void. Instagram accounts must be made public in order for entries to be valid.

Any attempt by any individual to exceed the above-indicated entry limit by using multiple/different e-mail or IP addresses, identities, or any other methods, will void all that individual’s entries and that individual will be disqualified. Use of any automated program or like means to submit an entry will result in disqualification. Sponsor, Administrator, Instagram and their respective agencies are not responsible for inaccessible, corrupted, misdirected, incomplete or invalid submissions, all of which are void and will not result in Sweepstakes entry. Proof of transmission of completed entry does not constitute proof of receipt of same or proof of entry in Sweepstakes. In the event of dispute as to the identity or eligibility of a potential winner who entered via posting a photo, the winning entry will be declared made by the “Authorized Account Holder” of the Instagram account used to enter the Sweepstakes provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person who is assigned to a Instagram account by www.Instagram.com

Use of a mobile device to submit photo/entry may result in the imposition of international fees or charges by your wireless carrier. You are therefore advised to consult your wireless rate plan PRIOR TO using a mobile device to submit your photo/entry.  Wireless internet access and/or text messaging capacity is not available on all mobile devices or wireless carriers or in all areas. If you choose to upload using your mobile phone, standard text messaging and data fees for messages sent and received may apply to use of mobile device for Sweepstakes entry.

By submitting a photo/entry, you represent and warrant that the photo/entry:
(a) is solely your original work product (DO NOT REPOST another’s person’s entry);
(b) does not infringe upon the rights of any third party;
(c)  is truthful in all material respects.

Without limiting the foregoing, you represent and warrant that you have obtained permission from the person shown in your photo (if other than yourself) for use of his/her image as part of the Promotion.  Upon request, you will provide written proof of such permission. Failure to do so when requested or if such proof is deemed inadequate by Administrator in its sole discretion may result in disqualification.

Photo/entry will be disqualified and Administrator may take all actions it deems necessary and appropriate to protect its rights as well as the rights of Sponsor (including petitioning Instagram to have the post removed), if Administrator determines in its sole discretion that photo/entry:
(a) is inappropriate or unfit for publication (e.g., includes hate speech, nudity or obscenity);
(b) reflects adversely upon and could damage the goodwill and business reputation of Sponsor, Administrator or any other entity associated with the Sweepstakes;
(c) violates the rights of any third party, including but not limited to infringement of a party’s trademark, copyright or other intellectual property rights, is libelous or defamatory
(d) advocates drug use, violent activity or illegal conduct of any kind;
(e) is not relevant to the Sweepstakes theme of a picture of Thailand

POSTED PHOTOS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE TOURISM AUTHORITY OF THAILAND, CHARITY BENEFICIARY, OR THE ADMINISTRATOR IN ANY MANNER. THE TOURISM AUTHORITY OF THAILAND, CHARITY BENEFICIARY, AND THE ADMINISTRATOR EACH EXPRESSLY DISCLAIM ANY LIABILITY UNDER ANY LEGAL THEORY IN CONJUNCTION WITH MONITORING, MODERATING OR SCREENING POSTS/ENTRIES.

Subject only to the rights reserved by Instagram as operator of its social network, entrant grants to Sponsor and its designees (including Administrator) the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her photo/entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the photo/entry.

Prize Drawing:

There will be one (1) prize in the Promotion: The prize winners will be selected in a random drawing held from among all eligible entries received during the Promotion Period. For the avoidance of doubt, provided that it is eligible under these Official Rules, the content of a photo/entry will have no bearing on the winner selection process. The drawing will be conducted on or about June 11, 2018 and announced on June 20, 2018.

Prize, Odds of Winning and Winner Notification:

Grand Prize Winner:  

One (1) 5 Day / 4 Night trip to Thailand for two (2). Prize includes premium economy airfare and hotel accommodation with breakfast (Deluxe River) for two guests at The Riverie by Katathani. Valid from October 1, 2018 until September 1, 2019. Reservations are subject to availability and blackout dates will apply.

The Total ARV of all Prizes is $4,000.00 USD.

A $15,000 donation will be made in honor of Grand Prize Winner to Charity Beneficiary. Donation not included in ARV.

Winner is solely responsible for any applicable federal, state, and local taxes and all unspecified

expenses or fees associated with prize acceptance, receipt and use. No substitution, assignment, or transfer of prize permitted, except by Sponsor, who reserves the right to substitute prize/prize component with another prize/prize component of equal value if advertised prize/prize component cannot be awarded as stated for any reason. Prize cannot be redeemed or exchanged for cash by winner.

Any potential winner who entered by posting a photo will receive a Direct Message (DM) from @ThailandInsider asking them to submit required information to validate the prize claim and coordinate the prize. Persons entering by posting a photo are solely responsible for configuring their privacy settings so that @ThailandInsider can contact them via direct message. Any such potential winner must then respond to a direct message with all requested prize claim information (including full name, date of birth, complete mailing address, and e-mail address) within a time period specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner.  Failure to respond within [3] days to the initial notification may result in disqualification and selection of an alternate winner. If the potential winner cannot be contacted, within the required time period, potential winner forfeits such prize and an alternate winner may be selected.  Each potential winner may be required to sign and return an affidavit of eligibility, liability release and publicity release (where lawful) within [5] days of prize notification[i]. If applicable, failure to comply with the Affidavit/Release requirement may result in disqualification and selection of an alternate winner.  If any eligible potential winner is deemed a minor under the laws of his/her state of residence, any requested documents must be signed by a parent or legal guardian and Sponsor reserves the right in its sole discretion to award the prize to or in the name of the parent or legal guardian of the minor.

Odds of winning depend on the total number of eligible entries received.

General Conditions:

Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion.

In such event, the winners will be selected via random drawing comprised of all eligible photo entries that are not affected by the problem (if possible) or by some other means deemed by the Administrator, in its reasonable discretion, to be fair and appropriate.  Administrator reserves the right, in its sole discretion, to disqualify any individual it determines, in its sole discretion, to be tampering with the entry process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately damage any website related to the Promotion or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor and Administrator each reserve the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate).  Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Publicity Release:

Except where prohibited by law, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor’s and its designees’ (including Administrator’s) use of winner’s name, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in any media without geographic or time limitation, and without additional payment or consideration.

Liability Release:

By entering, entrant agrees to release and hold harmless Sponsor, Administrator, Charity Beneficiary, their respective partners and agencies, and Instagram, their respective related companies, and each of their respective officers, directors, employees, and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of the prize.

Limitations of Liability:

Sponsor, Administrator, Charity Beneficiary, their respective partners and agencies, and Instagram (collectively, “Released Parties”) are not responsible for and you hereby release the Released Parties from any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, inaccessible, corrupted, incomplete, misdirected entries, postage due mail, or entries  received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, mobile device, computer, network, hardware, or software (this also includes the inability of Sponsor and Administrator to receive photos/entries due to filtering by Instagram and the inability of @ThailandInsider to contact potential winner via direct message); (3) the unavailability or inaccessibility of any website or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on any website whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of submitted entries; or (6) any injury or damage to persons or property, including but not limited to an individual’s computer or mobile device (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by participation in the Promotion.

Disputes / Choice of Law:

To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize  shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in New York, New York (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased.  The internal, substantive law of New York governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Winner List:

For a copy of the winner list, available after May 31, 2018, mail a self-addressed stamped envelope to #ThaiMillionSmiles Sweepstakes Winners List Request, 48 W. 38^th St. Penthouse, New York, NY.  Requests must be received by June 20, 2018.

Sponsor:

Tourism Authority of Thailand, New York
61 Broadway, Suite 2810
New York, NY 10006

Tourism Authority of Thailand, Los Angeles
611 N. Larchmont Blvd 1^st Floor
Los Angeles, CA 90004