TERMS AND CONDITIONS OF THE LAUREATE HOSPITALITY EDUCATION GLOBAL ONLINE COMPETITION
‘YOU ARE 5 STARS’
This competition is sponsored, conducted and managed by Glion Management Services Sarl (GMS), Rue du Lac
118, 1815 Clarens, Switzerland. GMS manages the Laureate Hospitality Education (LHE) universities, a network of
international universities specializing in hospitality management education. Throughout this document, the sponsor is
referred to as ‘LHE’.
Article 1. Summary of the competition
LHE is organizing a global interactive online competition to “build” and market a virtual hotel (the “Competition”).
Article 2. Candidates
Participation in the Competition is open to all individuals who have Internet access and an E-mail address, regardless of their country of residence; to the exclusion of employees of LHE schools or any Laureate Education, Inc. or Laureate International Universities network institution or entity as well as all people who are directly or indirectly involved with any of the above-mentioned entities or involved in the conception, carrying out or in the management of the Competition, particularly employees of Publicidade Interactiva (PI) and its affiliates; as well as family members (spouses, parents, siblings and children) of all the above. LHE reserves the right to decide on the eligibility of the participants in its sole discretion.
Enrolled students and alumni of LHE institutions may participate in the game, but are not eligible for any prizes.
By taking part in the Competition, the candidate who has not reached the age of the majority under the applicable national laws and regulations of his/her country of residence confirms that his/her parent/guardian has consented to him/her taking part in the Competition and abiding by the rules of the Competition. However, candidates must be minimum 15 years of age and no older than 30 years at the time they enter the Competition.
The Competition is open to participants from any country in the world, provided that the Competition is not prohibited in the country/state or relevant administrative jurisdiction from which the participant accesses the Competition. Participation in the Competition is made in each participant’s sole responsibility and LHE shall not bear any liability for any breach of local law by a participant.
By participating in the Competition, each candidate or participant fully and unconditionally agrees to the present Terms & Conditions and to LHE’s decisions made in the context of the Competition, which are final and binding in all matters related to the Competition. Non-compliance with the present Terms & Conditions may result in invalidity of application or exclusion of the participant from the Competition.
Article 3. Competition
The Competition includes the following phases:
3.1. Submission phase: from September 3 to October 28, 2012
- The Competition will open on September 3, 2012 and will run until midnight CET on October 28, 2012.
- Candidates must create a virtual hotel by following the steps as explained on the Competition website www.youare5stars.com and fill in the online registration on the same site.
- Hotel designs and marketing concepts that include messages of a political or religious nature, elements that directly or indirectly promote hatred, discrimination, violence, racism or pornography, or that are contrary to the laws in force or to public order and morality, will be automatically eliminated from the Competition and may be reported to competent authorities.
- Virtual hotel projects that meet all the criteria defined in this article will be put on line (shown on the competition website under ‘hotel gallery’) without any modifications by LHE.
- Every candidate can enter the Competition with maximal 3 virtual hotels.
3.3. Choosing the finalists and the top winner:
- The 10 highest ranked hotels (by number of ‘check-ins’) in each of the six hotel categories in the
Competition will be awarded a runner-up prize and will be posted on the website (60 prices in total).
- In the rare event that several participants achieve exactly the same number of virtual ‘check-ins’ in one single category, additional parameters will apply: In case of tie, we will use a performance rate expressed by the numbers of check-ins divided by the number of days they are participating in the contest based on Swiss time.
- Additionally, the number one hotel out of each category (highest number of virtual ‘check-ins’ per category) will go into the final round and will therefore be eligible for the top prize. There will be 6 finalists (one per category for each of the 6 categories).
- Should one participant come up number one in more than one category, he/she will then continue to the final round only with the hotel that has achieved most virtual ‘check-ins’ and the secondplace winner in the abandoned category be chosen, so that the competition has 6 finalists.
- The final round consists of interviews with a jury of industry experts, after which the Winner of the top prize will be chosen. The 6 finalists (interview candidates and potential winners) will be informed via email as well as through our competition website.
- Winning a prize is contingent upon fulfilling all requirements set forth in the present Terms & Conditions. If a potential winner does not respond within 72 hours after the first attempt to notify him/her that he/she has been selected to go into the final round, that potential winner will be deemed to have forfeited the prize, the finalist with the next highest number of ‘check-ins’ will be selected as an alternate potential winner in his/her place. Any alternate potential winner will also have 72 hours to reply, and must satisfy all eligibility requirements
- All 6 finalists will undergo 2 telephone or Skype interviews with the jury appointed by LHE. The jury will consist of 6 hospitality industry professionals from different countries and companies around the world (published on the Competition website), plus one executive of LHE, Mr Arie van der Spek, Senior VicePresident of LHE worldwide. Each finalist will have one interview with one of the hospitality industry jurors, plus a second one with Mr Arie van der Spek, SVP LHE worldwide.
- Interview candidates will be informed how they can best prepare for the interviews and what criteria will be applied when in the jury’s rating. The timing of the interviews shall be coordinated in respect of the times zones in question and the availability of the candidate and the juror. However, the overall time frame given (interview must take place between the 1st and the 15th of November 2012) will have to be respected. After those interviews, and an overall rating awarded based on the jury’s verdict, the final winner will be chosen. Each juror will use the same structured interview questionnaire and a standard rate card for this purpose. The ratings and the criteria applied will be posted on the competition website.
- LHE will inform the Winner and the other finalists within a week after the jury has finalized all interviews and selected the Winner. Information about the top winner will be posted on the website, facebook® and twitter® accounts of the competition, after she/he has been informed by LHE.
- The Winner accepts that online and offline PR and promotion will take place around the Winner and the
winning concept (among others press pictures will be taken of the Winner, also whilst visiting the destination
of choice and the campus).
- Interview candidates (potential winner) will be required to complete and return an “Affidavit/Release” within seven (7) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, or is unavailable to accept the prize within the time period specified by LHE, the potential winner will be deemed to have forfeited the prize, and the entrant with the next highest number of votes will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Terms & Conditions, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
- LHE may verify at any time that the potential winner fulfils all requirements relating to participation in the Competition. Participants authorize any verification necessary relating to their identity, date of birth, place of residence. Any false, falsified, fraudulent, misleading, incorrect or imprecise information provided in the identity details may result in the participant's disqualification.
- LHE’s decisions are final and binding in all matters related to the Competition. A participant shall NOT be entitled to any prize unless and until she/he has been notified that verification is complete.
3.4. Modification of the Competition
LHE reserves the right at any time to modify the dates indicated in article 3 or to cancel the Competition or to modify the present Terms & Conditions.
All the virtual hotel concepts and the promotion of the virtual hotel must be in compliance with the present Terms & Conditions at all times. LHE may, at any time, and based on its own discretion, exclude any design or any candidate.
Article 4. Intellectual property rights
4.1. The candidates fully guarantee to GMS that they possess all the rights to the ideas, names, slogans, logo designs, videos etc., submitted within the framework of the Competition and that these designs do not violate any existing copyright or any other intellectual property rights belonging to third parties, and that the candidates have acquired all the necessary authorizations to allow them to use the elements belonging to third parties, if any, as well as all other necessary authorizations. In case it becomes necessary, the candidates will provide copies of these written authorizations. The candidates shall indemnify and hold harmless GMS for any claim, damage, harm or loss suffered by GMS as a result of the candidate’s breach of this provision.
4.2. The Winner irrevocably transfers to GMS ownership of the intellectual property rights to his/her virtual hotel concept, including, but not limited to, the right to transfer, reproduce, copy, publish, alter, adapt, modify or distribute his/her creation, in any currently existing or future medium or form, and agrees that his/her creation will be the exclusive property of GMS. The Winner guarantees to GMS that he/she is fully authorized to transfer the rights covered by the present transfer, and that, in the event that he/she is a member of a copyright association to which he/she has previously transferred rights to future works, the Winner guarantees to GMS that he/she has obtained the agreement of the aforesaid association that the concept submitted within the framework of this Competition will be expressly excluded from the general transfer.
Article 5. Prizes
5.1. The winner and the 5 runners-up will receive one of the following prizes:
1 - A trip to the LHE destination of choice (for the winner of the top prize and his/her parents/legal guardians)
5 - iPads (one iPad for each of the 5 finalists), approximate retail value of CHF 530 each
60 -Dakine Backpacks/Travel Bags (one for each participant whose virtual hotel is ranked among the top ten
hotels per category by number of virtual ‘check-ins’), approximate retail value from CHF 80-120 each
A visit for a maximum of 3 persons (the Winner and his/her parents or legal guardians) to any of the LHE schools’ destinations. The LHE schools and destinations to choose from are:
- Switzerland: Glion Institute of Higher Education, Les Roches International School of Hotel Management and Les Roches-Gruyères University of Applied Sciences
- Spain: Les Roches International School of Hotel Management in Marbella
- China: Les Roches Jin Jiang International Hotel Management College in Shanghai
- USA: Kendall College in Chicago
- Australia: Blue Mountains International Hotel Management School in Leura and Sydney
The trip to a destination of choice as mentioned above includes the below elements up to a total retail value of maximum CHF10,000.- (ten thousand Swiss Francs). The particulars of the following elements will depend on the destination chosen and will be decided within the maximum value aforementioned.
- Round-trip coach class air transportation for up to 3 people (the Winner and his/her parents or legal guardians) from the airport nearest to the Winner’s home (as stated in the sign-up form of the competition), to the above-mentioned destination of the Winner’s choice (destination airports are either Chicago, Geneva, Malaga, Shanghai or Sydney)
- Accommodation at a 5-star hotel nearby the school, organized by LHE representatives, for a maximum of 6
nights , including breakfast
- Ground transportation airport-hotel-airport and between the hotel and the school(s)
- A guided visit to the school(s) and participation in some of the classes
- All meals during the school visit(s) at our campus dining facilities
- A guided (‘behind the scenes’) tour of a 5-star hotel of LHE’s choice
All other expenses incurred by the Winner and the persons accompanying him/her shall remain their sole
responsibility. This visit shall take place within one year after the top winner has been announced and shall take
place at a time when the chosen school is not closed for school holidays. The Winner has to inform LHE at least 3
months prior to the desired travel date.
The Winner and his/her parents/legal guardians must travel together on the same dates and on the same flights. LHE does not cover any costs for travel between the Winner’s place(s) of residence and the nearest airport nor for any visa that might be required for the travel. LHE will, in its sole discretion, determine which airport is closest to the Winner’s home. The air-travel arrangements will be made by the travel agency designated by LHE. LHE representatives will arrange the hotel accommodation at the LHE destination of choice. Travel is subject to availability.
The Winner (if he/she is a minor, his/her parent/legal guardian) must execute a release of liability and publicity release (where legal) prior to issuance of tickets or travel vouchers.
The Winner and his/her parents/legal guardians may be asked to conduct interviews with media. LHE and its representatives will work with the Winner on interview requests. The Winner and his/her parents/legal guardians are not required to participate, but if they do, their views and comments shall not be considered as a reflection of LHE‘s opinion or views.
5.2. Prize restrictions
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, transportation to and from Page 5 of 6 airport, automobile insurance, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, security fees and/or other expenses, are the responsibility solely of Winner.
Prizes cannot be substituted, assigned, transferred, or redeemed for cash by any of the winners; however, LHE reserves the right to make equivalent prize substitutions in its sole discretion.
The prizes do not create any right or entitlement for the winners and cannot be claimed or challenged before any court or tribunal.Restrictions that apply to the top (travel) prize: In the event the Winner and/or his/her parents/legal guardians engage in behavior during travel that (as determined by LHE in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of LHE or any of LHE’s services, products, trademarks, service marks, or logos, LHE reserves the right to terminate the travel early, and send the Winner and/or parents/legal guardians home with no further obligations or compensation whatsoever to the Winner and/or parents/legal guardians (which may, in LHE’s sole discretion, result in such Winner’s disqualification from the Competition and forfeiture of any (and/or all) prize(s). In the event Winner or parents/legal guardians engages in behavior during travel that (as determined by LHE in its sole discretion) is illegal, tortious, or subjects Winner or parents/legal guardians to arrest or detention, LHE shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner or as parents/legal guardians as result of such conduct.
Article 6. Other
Within the limits authorized by law, the candidates, including the five finalists and the top winner, shall not be entitled to challenge or otherwise contest (before an ordinary court, a court of arbitration or any other court) any decision taken in the context of the Competition and in particular, but not exclusively, the results of the Competition. No correspondence will be exchanged regarding the Competition.
Article 7. Use for information and promotion purposes
By taking part in this competition, the candidates unreservedly agree that their names and projects may be used and disseminated for information and/or promotion purposes in relation to this competition and/or on behalf of LHE or any other individual or legal entity acting on its behalf. Such use of their names and projects will not lead to any rights or remuneration, and can be in any in-house or external communication medium for information and/or promotion purposes, as mentioned in the preceding paragraph, on behalf of LHE or any other individual or legal entity acting on its behalf, throughout the world.
Article 8. Applicable law and place of jurisdiction
8.1. GENERAL PROVISIONS:
The Competition is governed by the laws of Switzerland.
Any contention or claim relating to the Competition must be submitted in writing and sent to Glion Management Services (GMS) Sarl, Rue du Lac 118, 1815 Clarens, Switzerland within one month after the official end of the Competition. LHE shall use its best efforts to address such contention or claim.
8.2., All disputes relating to the Competition will be submitted exclusively to the competent courts of the canton of Vaud, Switzerland.
Article 9. Liability
Although LHE makes every effort to provide users with verified information and tools, it shall not be liable for factual errors (in particular related to displays on the competition site, the sending of erroneous e-mails to participants, or the routing of e-mails), a lack of availability of information and/or the presence of viruses on the website. By entering the Competition, participants declare that they are familiar with and accept the characteristics and limits of the Internet, the absence of protection of certain data against possible misappropriation or pirating and the risks of contamination by any viruses circulating in the network. Participants must take all appropriate measures to protect against any infringement of their own data and/or the software stored on their computer and telephone equipment. Any person logging on to the website and entering the game does so under his/her sole responsibility.
Furthermore, LHE shall not be liable for the following:
- Telephone connection problems, hardware or software problems, disruptions or malfunctioning that may affect the smooth functioning of the game, human or electronic error, destruction of information provided by the participants for a reason not attributable to LHE
- LHE is not responsible for the consequences of any delays, loss, theft or damage of postal or electronic
- In any event, if the smooth administrative and/or technical functioning of the Competition is disrupted by a cause beyond the control of LHE, it reserves the right to stop the Competition.
- LHE shall not be liable for any physical inability of the Winner or his/her parents/legal guardians to travel by air or enter the destination of their choice as a result of an irregularity in their documents (absence of a visa, absence of a passport, expired passport etc.).
- LHE shall not be liable for cancellation or postponement or any consequences of traffic delays or accidents between the airport and the planned destination
- LHE shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the prize or any other aspect of prize winner’s or acceptance or use of the prize.
Each participant shall indemnify and hold harmless GMS for any claim, damage, harm or loss suffered by GMS as a result of or in connection with the participant’s misrepresentation, breach of any applicable law or breach of the present Terms & Conditions.
Article 10. Data protection
Participants’ personal data will be processed in accordance with the Swiss Federal Law on Data protection.
Participant agrees that his/her personal data provided in the context of his/her participation in the Competition will be
LHE shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Any hospitality management schools’ trademarks or logos used herein are [registered] trademarks. All rights reserved. Copyright ©2012 Laureate Hospitality Education.
LHE respects and understands the importance of privacy and security for our online customers. Any information collected is used only by LHE and its affiliates to contact consumers for marketing and operational purposes. Persons who supply us with their telephone numbers or email addresses online may receive email or telephone contact from us with information regarding special promotions, new products and services or upcoming events. LHE and its affiliates will not release, sell, rent or trade the personal information of any of our customers to any third party.