THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. AND CANADA (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES AND THE PROVINCE OF QUEBEC) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 21 YEARS OF AGE OR OLDER. YOU ARE NOT AUTHORIZED TO ENTER THIS SWEEPSTAKES IF YOU DO NOT MEET THESE CRITERIA.
“Vacationrentals.com Big Deals” Sweepstakes—Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING THE PRIZE.
1. The Sweepstakes Period is from 12:00:01 am, Central Time (“CT”), June 4, 2009 ("Sweepstakes-Start") to 11:59:59 pm, CT, August 4, 2009 ("Sweepstakes-End"). Sponsor’s website database clock will be the official timekeeper for this Sweepstakes for all purposes.
2. Eligibility: This Sweepstakes is open only to legal, U.S. residents residing in the 50 United States and D.C. and Canada who are 21 years of age or older who had Internet access prior to Game-Start. Void in Puerto Rico, other US territories, the Canadian Province of Quebec and where prohibited, licensed, restricted or taxed. Employees, officers, directors, and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of household of Vacationrentals.com, Inc. (“Sponsor”), THE MARKETING AGENCY, LLC (“Administrator”) and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Sweepstakes (“Sweepstakes Entities”) are not eligible to enter or be awarded a prize.
3. How to Enter: This Game is played only on the Internet and there are three (3) vacation prizes to be won: A Golf vacation in Las Vegas, a Stress Relief vacation in New York and a Celebrity Chef vacation in Southern California.
There are two (2) ways to enter:
a) Complete a Weekly Deal Alerts form during the Sweepstakes-Period by supplying all the requested information including the vacation you would like to win (you may choose up to all three). You will receive one (1) entry into the vacation(s) prize drawing(s) you choose.
b) Use the Refer-a-Friend form to refer up to three (3) friends or family members to the Weekly Deal Alerts form during the Sweepstakes Period. You will receive one (1) extra entry into the vacation(s) prize drawing(s) you chose in a) above. Do not refer anyone whom you do not know well or someone who has indicated that they do not wish to receive promotional emails. You will be asked for your name and an email address for which you are the authorized user. You will also be asked for the first and last name and a valid email address for the referee(s). Where discovered, the use of a phony, nonexistent or otherwise non-valid email address will result in the disqualification of that submission and an entry will not be awarded, or if awarded the entry will be disqualified from the prize drawing. Maximum one (1) entry per person or email address into a vacation prize drawing during the Sweepstakes Period using each method of entry.
Entries must be made by an individual from a stand-alone computer and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be disqualified. A potential prizewinner will be notified by email. It is an entrant’s responsibility to keep his/her email address current to see if s/he is a potential winner. “Authorized User” of an email address is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address.
4. Winner Selection: Three (3) potential prizewinners will be chosen in random drawings, from all eligible entries awarded during the Sweepstakes-Period (one from each category) on or about August 14, 2009. A potential winner will be notified by email using the email address submitted upon entry. If a potential winner does not respond to the notification within three (3) business days agreeing to accept the prize and providing all the contact information that is requested, that entry will be disqualified, the prize forfeited and an alternative potential winner will be selected in random drawings from the remaining eligible entries. This procedure will continue until a winner is found who accepts the prize and completes all paperwork requested by the Sweepstakes Administrator. Sponsor will attempt to make four (4) different, valid attempts to find an eligible prizewinner for each prize. Should no entrant be found to accept a prize after these attempts, the prize may not be awarded.
5.Quantity, Prize, Approximate Retail Value (ARV) and Odds: (3) Grand Prize:
a) Golf Vacation: A US$3,000 Vacationrentals.com Golf getaway in the form of payment for the vacation rental the winner chooses in Las Vegas, up to a maximum of $ 3,000, provided that such vacation rental must be available through vacationrentals.com or a website owned and operated by HomeAway® Inc. Should the cost of the vacation rental be less than US$3,000, the difference will be given to the winner in cash to apply to airfare, meals, etc. In addition, should the Las Vegas rental take place in October or November 2009, the winner and up to three (3) companions will be able to “hit some balls” with golf pro Charley Hoffman. Specific days and times are subject to Mr. Hoffman’s schedule. ARV: - US$8,000, including the “visit” with Charley Hoffman. Should the visit with Charley Hoffman not take place ARV: - US$3,000.
b) Spa Relief Vacation: A US$3,000 Vacationrentals.com Spa getaway in the form of payment for the vacation rental the winner chooses in New York City, up to a maximum of $ 3,000, provided that such vacation rental must be available through vacationrentals.com or a website owned and operated by HomeAway® Inc. Should the cost of the vacation rental be less than US$3,000, the difference will be given to the winner in cash to apply to airfare, meals, etc. In addition, should the New York rental take place in 2009, the winner and one (1) companion will be able to spend a day at the Cornelia Day Resort and receive the following treatments: Facial, Manicure, Pedicure, Massage, Body Wrap and Body Polish. Days and times are subject to availability. ARV: - US$5,000, including the spa treatments. Should the spa treatments not take place, ARV: - US$3,000.
c) Celebrity Chef Vacation: A US$3,000 Vacationrentals.com Celebrity Chef getaway in the form of payment for the vacation rental the winner chooses in Southern California, up to a maximum of $ 3,000, provided that such vacation rental must be available through vacationrentals.com or a website owned and operated by HomeAway® Inc. Should the cost of the vacation rental be less than US$3,000, the difference will be given to the winner in cash to apply to airfare, meals, etc. In addition, should the Southern California vacation rental take place in 2009 and be located between Santa Barbara and San Diego, the winner and up to three (3) companions will be able to have a dinner cooked for them in their vacation rental by Chef Bonnie Muirhead, runner-up of the 2008 Fox TV’s Hell’s Kitchen. Specific days, times and menu are at the sole discretion of Chef Bonnie. ARV: - US$4,000, including the chef’s dinner. Should the chef’s dinner not take place, ARV: - US$3,000.
All prizes are awarded “as is” and are subject to celebrities’ and facilities’ schedules, last minute cancellations, exogenous events and force majeure. The Sweepstakes Entities neither make, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the availability, use, value or enjoyment of the prize. Odds of winning depend on the total number of eligible entries awarded in each prize category during the Sweepstakes Period. All prizes will be awarded if claimed properly according to the Official Rules.
6. General: Sweepstakes administration and winner verification will be supervised by THE MARKETING AGENCY, LLC, an independent judging organization, whose decisions are final and legally binding. Entrants waive the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in this Sweepstakes, you agree to be bound by these Official Rules. The Sweepstakes Entities are not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by the Sweepstakes Entities and their representatives who enter incorrect information into any of Sponsor’s computer systems or by force majeure. Proof of entry is not proof of entry receipt. Sponsor reserves the right to terminate the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly. Winners will be drawn from eligible entries awarded up to the time of cancellation. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor’s sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant’s entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prizes listed and the values listed in the Official Rules shall be awarded. The Grand Prize winners will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release within three (3) business days of date on notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in random drawings. A Canadian potential winner must correctly answer a time-limited, mathematical, skill-testing question in order to receive the prize. The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer or exchange will be allowed. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner may be selected in a random drawing.
7) By entering this Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities, their shareholders, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize. All prizewinners waive the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's and experts’ fees and costs) which might arise from redeeming or seeking to redeem said prize Including travel).
8) All federal, state, provincial and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state, provincial or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, provincial or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners’ responsibility and a 2009 form #1099 will be issued to all USA prizewinners for the value of the prize.
9) Acceptance of the prize constitutes permission to use the winner's name, voice and likeness and any and all identifying characteristics including, but not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
10) The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
11) All entries submitted become the property of Sponsor and none will be acknowledged or returned. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to the Sponsor’s Privacy Policy which can be found at http://www.vacationrentals.com/vr/privacy.htm and Administrator’s Privacy Policy found at http://themarketingagency.com/html/sweepstakes.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor's and Administrator’s collection and usage of their personal information according to their privacy policies and acknowledge that they have read and accepted Sponsor's/Administrator’s privacy policy.
12) Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Travis County, Texas. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys' or experts’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
13) For a Winners List — available on or about September 4, 2009, send a hand-printed, self addressed, sufficiently stamped, #10, business envelope to Winner —“Vacationrentals.com Big Deals” Sweepstakes, c/o The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 . Requests must be received by August 30, 2009. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
14) This Sweepstakes is sponsored by Vacationrentals.com, Inc., 3801 S. Capital of Texas Highway, Suite 150, Austin, TX 78704 administered by The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
|
