KAYAK’s 2019 Cyber Monday Sweepstakes Official Rules

In celebration of today’s Cyber Monday travel deals, we’re giving away awesome prizes like $400 gift cards, high-tech luggage, headphones and more. Because everyone’s favorite shopping holiday should come with extra sparkle. Enter once and you’ll have your chance at any of 11 prizes. Wondering what you could win? Here’s the list.

• $400 American Express Gift Cards (4 of them to be exact – 1 to each of 4 lucky winners). Use towards your next flight and take a vacation after the holidays. One more rousing dinner table conversation where Uncle Steve brings up politics and you’ll be itching to board a flight. (approximate retail value: $400.00 each)

• A high-tech TSA-approved carry-on suitcase with battery to charge your phone on the go that will make you want to immediately get away. (approximate retail value: $300.00)

• Avoid unsolicited small talk with your seatmate with a brand new travel eye mask (approximate retail value: $30.00)

• While sleeping on a red-eye flight is hardly ideal, it’s a lot easier when you have the right supplies. Cozy up with a comfy travel pillow & blanket and arrive in your destination (slightly more) refreshed. (approximate retail value: $60.00)

• Stay on 100% with a portable power bank so you can watch a movie in-flight and still have enough juice to order a rideshare from the airport. (approximate retail value: $30.00)

• Went overboard on the holiday cheer? Treat yourself to a relaxing escape on the high seas with a $500 cruise voucher from Cruises.com.

Terms & Conditions

1. Introduction: The Sweepstakes referenced below (“Sweepstakes”) is organized by KAYAK Software Corporation (“KAYAK”) located at 7 Market Street, Stamford, CT 06902.

These rules are the terms and conditions of the Sweepstakes (“Rules”). By entering the Sweepstakes, you agree to be bound by these rules. If you do not agree with any of the Rules then you should not enter the Sweepstakes. Failure to comply with these Rules may result in disqualification from the Sweepstakes at KAYAK’s sole discretion.

2. Key Defined Terms: The capitalized terms below shall have the respective meanings set forth opposite them:

3. Eligibility: You are eligible to enter the Sweepstakes if you meet the Eligibility Requirements, Employees of Kayak, Opentable, and/or Booking Holdings, Inc. (“Booking Holdings”) or its affiliates and anyone else professionally connected with this Sweepstakes, and members of their respective immediate families (to include, parent, sibling, spouse, and child) are not eligible to win the Prizes as described above. Any such entries will be invalid. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

4. Entry Period: The Sweepstakes begins on the Start Date and will end on the End Date (“Entry Period) as described above.

5. How to Enter: During the Entry Period, you may enter the Sweepstakes via the Entry Method described above. Limit one (1) submission/entry per person and valid email address. Proof of submission will not be considered proof of receipt or eligibility. Any suspected use of cheating, fraud, deception, artifice, multiple identities, devices or IP addresses, or robotic, automatic, bots, programmed or similar or dissimilar methods will void all such entries by such methods and any entrant suspected of using/benefitting from same will be immediately disqualified. KAYAK reserves the right, but without obligation, to request additional or clarifying information from any entrant, in its sole and absolute discretion.

6. Winner Selection: At the close of the Entry Period, eleven (11) winners (“Winners”) will be determined by a random drawing, on or about the Drawing Date specified in the chart above, from among all eligible entries received during the Entry Period. All non-winning entries received during the Entry Period will not carry over to be considered in subsequent Sweepstakes. KAYAK’s decision is final and binding in all matters relating to the Sweepstakes. Odds of winning a Prize depend on the number of eligible entries received during the Entry Period, subject to the terms and conditions of these Rules. Winners may not claim more than one (1) prize for the Sweepstakes. Prizes assigned at random by KAYAK for Winners. Winners will not have the option to choose which Prize they recieve.

7. Winner Notification: Potential winners will be notified by email via the valid email address used to enter the Sweepstakes within approximately two (2) business days following the Drawing Date. If a potential winner is unreachable for twenty-four (24) hours after the first attempt to contact such winner or, if applicable, is unable to attend, KAYAK may aware the Prize(s) to an alternate entrant. The Winners may also be publicly announced on Facebook, Twitter, and/or Instagram, and you agree to such publication of your name by entering the Sweepstakes. To claim a Prize, a Winner must complete and sign an “Affidavit of Eligibility and Liability Release,” and where lawful, a publicity release within 48 hours of notification, or an alternate winner may (in KAYAK’s sole discretion) be selected. If such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, then the Prize will be forfeited and, at KAYAK’s ’s discretion, a runner-up winner may be notified. f KAYAK reserves the right in its sole discretion to conduct a background check on a potential winner and disqualify any individual who has been charged or convicted of a crime or, if KAYAK determines in its sole discretion that awarding a prize to such individual may reflect unfavorably on the Sweepstakes or KAYAK. KAYAK’s computer shall be the official timekeeper for all matters related to the Sweepstakes.

8. Prize: The Winners will receive an individual Prize chosen at KAYAK’s discretion. Prizes will be awarded to the individual and not to a business entity. The Winners will not receive the difference between actual and approximate retail value. No cash equivalent or prize substitution of equal or greater value will be given, except in KAYAK’s sole discretion. Each Prize is non-transferable, non-assignable, and non-exchangeable, except in KAYAK’s sole discretion. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any prize are the sole responsibility of the Winners. KAYAK will not be responsible for any loss, liability or damage arising out of any Winners’ acceptance, use or misuse or failure to use any Prize, or element thereof. Returned, undelivered, unclaimed, or un-awarded prizes, or any element thereof will not be (re)awarded. KAYAK shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect itself, or any of the other promotion partners against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding any Prize to any Winner.

9. Winners List: : To receive a list of Winners for the Sweepstakes, send a self-addressed, stamped envelope to KAYAK Software Corp, Attn: Marketing Department, 7 Market Street, Stamford, CT 06902. Requests for results must be received on or before Monday, December 30, 2019 by 5 pm (EST).
10. Conditions: By entering the Sweepstakes, you hereby warrant that all the information submitted by you is true, current and complete. KAYAK reserves the right to ask for, among other things, proof of age and evidence to verify the identity of an entrant at any time, and may carry out checks of any details provided by or on behalf of any entrant.
11. Ownership of entries and intellectual property rights; Content of entries: All entries become the property of KAYAK and will not be acknowledged or returned. By entering the Sweepstakes, entrants represent, warrant, and covenant as applicable (and agree to provide written evidence of such if requested) that: (i) entrant has the permission of any person/venue that is identified or otherwise referred to in the entry; (ii) the entry was created by entrant specifically for this Sweepstakes and has neither been submitted for any other sweepstakes or promotion, nor received any prize or monies; (iii) the entry is the original creation of the entrant and/or entrant has all title, rights, licenses, permissions and consents necessary to the entry and to submit it into this Sweepstakes and to grant all of the rights granted to KAYAK in these Rules (and in any written Agreement signed by entrant), and the exercise thereof by KAYAK and/or the use by it of the rights granted by entrant, in whole or in part, does not and will not give rise to any alleged or actual Liabilities, including,but not limited to, those for disputes or payment of any kind, including without limitation infringement of intellectual property rights, royalties, residuals, attribution, credit, dues, approval or consultation rights, or any rights of participation, attribution, or intentional or negligent infliction of emotional distress, misappropriation, breach of contract, or any other fees, costs, or expenses, arising out of the submission, use, exhibition and/or any other use or exploitation of the entry, in whole and in part, its use by KAYAK, and the exercise by KAYAK of the rights granted in these Official Rules. By entering the Sweepstakes, entrants grant KAYAK and Booking Holdings the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the entry, in whole or in part, and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity whether known or hereinafter devised without additional compensation, notification, permission or approval, and entrant hereby waives any moral or other rights they may have in the entry that entrant submits in favor of KAYAK. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, harmful or racially or morally offensive or if any entry does not comply with these Rules or meet KAYAK’s standards for any reason, as determined by KAYAK in its sole discretion, such entry may be disqualified and ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. KAYAK shall have no obligation to copy, publish, display, or otherwise exploit the entry/entrant/Finalist.

In the event of any fault, mistake, misunderstanding or dispute concerning the validity of the information supplied by the entrant, or the operation of any part of the Sweepstakes, the decision of KAYAK shall be final and no correspondence will be entered into.

12. Exclusion of Liability: KAYAK does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by any entrant howsoever arising from participating in the Sweepstakes, or from accepting any Prize whether due to any error, omission or other cause by KAYAK, its employees, agents or others, to the fullest extent permitted by law.

By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators: (a) to release and hold harmless KAYAKand its promotional partners, and their respective subsidiaries, parent, affiliates, directors, officers, employees and agents,(collectively, “Released Parties”) from any threatened or actual claims, actions, liability, illness, injury, death, loss, litigation, costs, fees or damages (“Liability”) that may occur, directly or indirectly at any time, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof, and/or participation in any Prize-related activities; (b) to indemnify Released Parties from any and all Liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or any Prize or element thereof; (c) if selected as a Winner, to the posting of such Winner’s name and/or , if applicable, user name on KAYAK’s websites and the use by Released Parties of such Winner’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of KAYAK, which are binding and final. Failure to comply with any provision in these Rules will result in disqualification from the Sweepstakes at KAYAK’s sole discretion. Further, to the maximum extent permitted by law, and without limiting the foregoing, entrants and Winners agree to release the Released Parties from and against any and all threatened or actual disputes arising at any time directly or indirectly from any dispute brought by any persons or entities (who may be other than a party to the Rules) arising from or related to an entry, participation and/or involvement in any other respect with the Sweepstakes. To the maximum extent permitted by law, and without limiting the foregoing, entrants and Winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release.

IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.”

THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

13. Use of Data: KAYAK may collect personal data about entrants in accordance with its privacy policy. Please review KAYAK’s privacy policy here. By participating in the Sweepstakes, entrants hereby agree to KAYAK’s collection and usage of their personal information and acknowledge that they have read and accepted KAYAK’s privacy policy.

14. Organizer: The sponsor of the Sweepstakes is KAYAK Software Corporation.

15. Non-Affiliation: This Sweepstakes is in no way organized, sponsored, endorsed, or associated with or by any Prize provider and/or social media site.

16. Governing Law: The Sweepstakes shall be governed by and interpreted under the laws of the State of Connecticut, U.S.A. without regard to its conflicts of laws provisions.

17. ARBITRATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS AND POTENTIAL WINNERS AGREE THAT EXCLUSIVE JURISDICTION FOR ANY AND ALL DISPUTES OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR RELATED IN ANY WAY TO THE SWEEPSTAKES, ALL PARTICIPATION THEREIN AND/OR THESE RULES, SHALL BE SUBMITTED TO BINDING FOR BINDING ARBITRATION IN STAMFORD, CONNECTICUT, BEFORE ONE NEUTRAL ARBITRATOR TO BE MUTUALLY AGREED UPON BY BOTH PARTIES. THE PARTIES AGREE TO SHARE EQUALLY IN THE ARBITRATION COSTS INCURRED. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, SEEK INJUNCTIVE RELIEF, OR MAKE ANY OTHER RECOURSE TO JUDICIAL PROCEEDINGS IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS SWEEPSTAKES ARE HEREBY EXCLUDED, AND ALL PARTICIPANTS EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS.

18. Prohibition and disqualification: KAYAK reserves the right to permanently disqualify from any Sweepstakes or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by KAYAK, who may seek damages to the fullest extent permitted by law.

KAYAKshall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prize due to reasons beyond KAYAK’s control, and is not responsible or liable for any expenses incurred as a consequence thereof.

The failure of KAYAK to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of KAYAK (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules.

Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information or failure to collect or store any such information; for errors in any promotional or marketing materials, in which case these Rules shall govern; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.

19. Modification or cancelation of these Rules: KAYAKreserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Rules). If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical or other failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, or any element thereof, KAYAK reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and, in its sole discretion may select Winners from all non-suspect entries received prior to the action taken, but only if commercially practicable, fair and feasible to do so as determined by KAYAK in its sole and absolute discretion. Notice of such cancellation, modification, or suspension will be posted on KAYAK’s website. KAYAK may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Rules; is suspected of acting with an intent to annoy, abuse, threaten, or harass any other entrant, KAYAK, or KAYAK’s agents or representatives; or behaves in any other disruptive manner (as determined by KAYAK in their sole discretion). If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if these Official Rules had been executed without the offending provision appearing therein.

KAYAK reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes and in such event will post revised Rules on the website, which will continue to govern all aspects of the Sweepstakes.