NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: The OpenTable and KAYAK’s #WillFlyForFood Giveaway (“Giveaway”) is sponsored by KAYAK Software Corporation (“OpenTable”, “KAYAK” or “Sponsor”), located at 7 Market Street, Stamford, CT 06902.
These official rules are the terms and conditions of the giveaway (“Rules”). By entering the Giveaway, you agree to be bound by these Rules and the decisions of the Sponsor (and its authorized representatives) which are final and binding. If you do not agree with any of the Rules, then do not enter the giveaway.
Eligibility: You are eligible to enter the giveaway if you are a resident of the United States, or Canada (excluding Quebec) and if you are at least 21 years of age. Employees of OpenTable, KAYAK, Booking Holdings, Inc (“Booking Holdings”). or its affiliates and anyone else professionally connected with this giveaway, and members of their respective immediate families (to include, parent, sibling, spouse and child) are not eligible to enter or to win the Prize(s) (as defined below). Any such entries will be invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
GIVEAWAY PERIOD: The giveaway begins on Tuesday, September 17, 2019 and will end on Sunday, September 22, 2019 (“Submission Period”) followed by the selection of and informing the Winner on or about Monday, September 23, 2019 (“Drawing Date”). All times relating to the giveaway are Eastern Time unless otherwise stated. Sponsor’s server for the giveaway shall be the official time keeping device. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
The giveaway consists of two periods as set forth in the chart below:
|PHASE||START DATE||END DATE|
|Submission Period||Tuesday, Sept. 17, 2019 (12:00 pm ET)||Sunday, Sept. 22, 2019 (11:59 pm ET)|
|Drawing Date||Monday, Sept. 23, 2019||Monday, Sept. 23, 2019|
SUBMISSION PERIOD & HOW TO ENTER: To enter the giveaway, during the Submission Period, Entrants must:
- Comment on either KAYAK or Opentable’s instagram post promoting the giveaway and tag a friend you’d like to share this experience with for your chance to win.
- Must follow @OpenTable and @KAYAK on Instagram.
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. Sponsor reserve the right, but without obligation, to request additional or clarifying information from any entrant, in its sole and absolute discretion. You must have an Instagram account in order to enter via Instagram. Instagram is free to join. Your social account must be public.
WINNER SELECTION: One (1) potential winner will be selected for the Submission Period in a random drawing, on or about the Drawing Date specified in the chart above from among all eligible entries received throughout the Submission Period. All non-winning entries received for the Submission Period drawing will not carry over to be considered in subsequent contests or drawings. Odds of winning a prize depend on the number of eligible entries received during the Submission Period, subject to the terms of this Agreement.
WINNER NOTIFICATION: The potential winner will be notified by mail, phone or e-mail approximately three (3) business days following the Drawing Date. The winners may also be publicly announced on Facebook and you agree to such publication of your name by entering the Sweepstakes. To be declared a winner, entrants residing in Canada, must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed by the Sponsor, in a format of their choosing. Potential prize winners may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of the date of issuance. 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, prize will be forfeited and, at Sponsor’s discretion, a runner-up may be notified for the applicable Entry Period. Sponsor 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 Sponsor determines in its sole discretion that awarding a prize to such individual may reflect unfavorably on the Sweepstakes or Sponsor.
PRIZE / APPROXIMATE RETAIL VALUE (“ARV”): The Winner will receive one (1) AMEX gift card with a retail value of $2,000 to be used towards a round-trip flight to the destination selected by the Sponsor. Prize will be awarded to the individual and not to a business entity. No cash equivalent, prize substitution of equal or greater value, or alternative prize will be given except by Sponsor in its sole discretion. Prize is non-transferable, non-assignable and non-exchangeable, except in Sponsor’s sole discretion. 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. Sponsor 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. Sponsor 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.
WINNERS LIST: To receive a list of Winners for the giveaway, send a self-addressed, stamped envelope to OpenTable, Inc., Attn: Marketing Department — #WillFlyForFood giveaway, 1 Montgomery Street, Suite 700, San Francisco, CA 94104. Requests for results must be received by Monday, September 30, 2019.
CONDITIONS: By entering the giveaway, you hereby warrant that all the information submitted by you is true, current and complete. The Sponsor 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.
All entries become the property of the Sponsor and will not be acknowledged or returned. By entering the giveaway, entrants represent, warrant, and covenant as applicable (and agree to provide written evidence of such if requested) that: entrant has the permission of any person/venue that is identified or otherwise referred to in the entry; the entry was created by entrant specifically for this giveaway and has neither been submitted for any other giveaway or promotion, nor received any prize or monies; 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 giveaway and to grant all of the rights granted to the Sponsor in these Rules (and in any written Agreement signed by entrant), and the exercise thereof by the Sponsor 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 Sponsor, and the exercise by Sponsor of the rights granted in these Official Rules. By entering the giveaway, entrants grant OpenTable, 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 the Sponsor. 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 the Sponsor’s standards for any reason, as determined by the Sponsor in its sole discretion, such entry may be disqualified and ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. The Sponsor 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 giveaway, the decision of the Sponsor shall be final and no correspondence will be entered into.
LIABILITY AND RELEASE: The Sponsor does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by any entrant howsoever arising from participating in the giveaway, or from accepting any prize whether due to any error, omission or other cause by the Sponsor, its employees, agents or others to the fullest extent permitted by law.
By entering the giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless the Sponsor and its promotional partners, and their respective subsidiaries, parent, affiliates, directors, officers, employees and agents, and , Instagram, Twitter and Facebook (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 giveaway 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 giveaway 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 giveaway, a Project, or any prize or element thereof; (c) if selected as a Winner , to the posting of such winner’s name and/or blog user name/handle on the Sponsor’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 giveaway itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with any provision in these Rules will result in disqualification from the giveaway at the Sponsor’s sole discretion. Further, to the maximum extent permitted by law, and without limiting the foregoing, entrants and winners agrees 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 giveaway. 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. A waiver by one or more of the Sponsor of any term in these Official Rules does not constitute a waiver of any other provision.
NON-AFFILIATION: This giveaway is in no way organized, sponsored, endorsed, or associated with Instagram, Twitter and Facebook.
GOVERNING LAW: For residents of the United States, the giveaway and these rules shall be governed by and interpreted under the laws of the State of Connecticut, U.S.A. without regard to its conflicts of law provisions, for residents of Canada (excluding Quebec), the giveaway and these rules shall be governed by and interpreted under the laws of Canada, without regard to its conflicts of law provisions.
ARBITRATION: BY ENTERING THE giveaway, 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 GIVEAWAY, ALL PARTICIPATION THEREIN AND/OR THESE RULES, SHALL BE SUBMITTED TO BINDING FOR BINDING ARBITRATION IN STAMFORD, CT, 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 GIVEAWAY ARE HEREBY EXCLUDED, AND ALL PARTICIPANTS EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS.
ADDITIONAL TERMS: The Sponsor reserves the right to permanently disqualify from any giveaway or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the giveaway or the operation thereof is unlawful and subject to legal action by the Sponsor, who may seek damages to the fullest extent permitted by law.
The Sponsor shall 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 the Sponsor’s control, and is not responsible or liable for any expenses incurred as a consequence thereof.
The failure of the Sponsor 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 the Sponsor (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. The Sponsor reserves the right to cancel, modify, or suspend the giveaway 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 Giveaway 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 giveaway, or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the giveaway 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 Sponsor in its sole and absolute discretion. Notice of such cancellation, modification, or suspension will be posted on the Sponsor’s website.
The Sponsor may prohibit any entrant or potential entrant from participating in the giveaway, 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, the Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by the Sponsor 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.
The Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the giveaway and in such event will post revised Rules on the website, which will continue to govern all aspects of the giveaway.