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:
|Sweepstakes:||KAYAK Saves the 4th Sweepstakes|
|Sponsor:||KAYAK Software Corporation (“KAYAK” or “Sponsor”)|
|Start Date:||Tuesday, June 22, 2021 at 10:00 AM (EST)|
|End Date:||Wednesday, June 23, 2021 at 11:59 AM (EST)|
|Drawing Date:||Wednesday, June 23, 2021 at 3:00 PM (EST)|
|Entry Method:||Instagram: To enter the Sweepstakes via Instagram, during the applicable Entry Period: (i) follow @KAYAK on Instagram, and (ii) comment which of the four eligible cities you’d like to win a car share in. Please note that the entry will only be eligible for the prize in the eligible city commented on.|
|Social Media Platform:||Enter the Sweepstakes on the following Social Media Platforms: Instagram|
|Eligibility Requirements:||25 years or older and US Resident residing in the fifty (50) United States and the District of Colubmia who are licensed and insured drivers. Eligibility is also contingent on being approved to drive through the Turo app.|
|Number of Winners:||Four (4)|
|Prize(s):||KAYAK is giving away a total of four (4) prizes during the Sweepstakes, awarding one (1) prize per Winner. There will be four (4) Winners total. Each Winner will receive a car sharing vehicle (provided by Turo) for a specific destination/location for the period of July 2-July 5, 2021. The approximate retail value (“ARV”) of each specific prize is provided below.
1 Car Sharing Vehicle in San Francisco, CA (ARV: $1,600)
1 Car Sharing Vehicle in Boston, MA (ARV: $1,600)
1 Car Sharing Vehicle in Chicago, IL (ARV $1,600)
1 Car Sharing Vehicle in Las Vegas, NV (ARV $1,600)
Total retail value of all four prizes is $6,400 USD.
|Prize Conditions:||In addition to the Prize conditions outlined in these Rules (including, without limitation, paragraphs 6, 7, 9 and 12), the following conditions shall apply to the Prize:
Prizes provided by Turo: Winners of Prize(s) provided by Turo must have an active Turo account, or sign up and be approved for a Turo Account in order to claim the Prize. In some cases, Winners may also need to pay a security deposit when securing the vehicle on Turo. Winners are financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the Winner has their own auto insurance or not. Winners may be insured against damage to the booked vehicle under their own automobile policies. When a vehicle is booked on Turo, the Winners agree that if any damage occurs to the booked vehicle during the booked trip, Winners will work with Turo to make a claim for coverage under any policy of insurance that applies to the loss. The Winners can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services; Turo will cover the costs of the selected protection plan but Winners are responsible for the out of pocket maximum / deductible under any selected plan. Protection plan details and other specifics can be found here. The limitation on the amount a primary guest (Winner(s)) may have to pay out of pocket included in any protection plan only applies (1) if the Winners abide by Turo’s Terms and (2) to physical damage that is not mechanical or interior damage. Most hosts offering a vehicle for sharing on the Services cannot offer liability insurance to the Winners. All protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In the US, liability insurance is provided under a policy issued to Turo by Liberty Surplus Insurance Corporation, a member of the Liberty Mutual Group. If the Winners have their own personal auto policy, it will be primary over the Turo protection depending on various factors such as applicable laws, where the Winners book the vehicle, and/or where the accident or damages occur. Terms and exclusions apply. Learn more about Guest protection plans including insurance in the US.
3. Eligibility: You are eligible to enter the Sweepstakes if you meet the Eligibility Requirements. Employees of KAYAK, 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 Prize (as described above). Any such entries will be invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
4. Entry Period: The Sweepstakes begins on Tuesday, June 22, 2021 at 10:00 am EST and will end on Wednesday, June 23, 2021 at 11:59 am EST (“Entry Period”). The Entry Period will be followed by the selection of and informing the Winners on or about Wednesday, June 23, 2021 at 3:00 pm EST (“Drawing Date”). All times relating to the Sweepstakes are Eastern Standard Time unless otherwise stated. Sponsor’s server for the Sweepstakes shall be the official time keeping device. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
5. How to Enter: During the Entry Period, you may enter the Sweepstakes via the Entry Method described above. Limit one (1) entry during the Entry Period per entrant ‘s social media account. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. You must have an account on the applicable Social Media Platform(s) identified above in order to enter via such Social Media Platform. The Social Media Platform(s) identified above is/are free to join. You must abide by the terms and conditions of any Social Media Platform through which you enter the Sweepstakes.
6. Winner Selection: At the close of the Entry Period, the winner(s) (“Winner(s)”) will be determined by four (4) random drawings (“Drawing(s)”) on the Drawing Date from among all eligible entries received during the Entry Period. There will be four (4) Winners total, with one (1) Winner being selected in each of the four (4) Drawings. Each of the four (4) Drawings will correspond with the specific city where the Prize is available, and eligible entries will only be entered in the Drawing for the specific city for which the entrant commented that they would like to win a car share in. In other words, if an entrant submits an eligible entry and comments that they would like to win the car share in Boston, MA, then that eligible entry will only be entered in the Drawing for the Prize available in Boston, MA. KAYAK’s decision is final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the actual number of eligible entries received. All non-winning entries received will not carry over to be considered in subsequent Drawings, sweepstakes, giveaways, or drawings.
7. Winner Notification: Potential Winners will be notified by direct message on their social media account approximately within 24 hours after the Drawing Date. The Winners may also be publicly announced on Instagram and you agree to such publication of your name by entering the Sweepstakes. If a potential Winner is unreachable for three (3) business days after the first attempt to contact such Winner or, if applicable, is unable to attend, KAYAK may award the Prize to an alternate entrant. To claim the Prize, Winners must complete and sign an “Affidavit of Eligibility and Liability Release,” and, where lawful, a publicity release, and sign up for a Turo account and be approved or have an active Turo account within three (3) days of notification, or an alternate winner may (in KAYAK’s sole discretion) be selected. If such documents are not returned within the time specified, 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 KAYAK’s discretion, a runner-up may be notified for the applicable Entry Period. 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 Winner(s) will receive the Prize(s). The Winner(s) will not receive the difference between actual and approximate retail value. No cash equivalent or alternative prize will be given and the Prize is non-transferable and non-exchangeable, except in KAYAK’s sole discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. All taxes and other expenses, costs, or fees, including transportation, and accommodations associated with the acceptance and/or use of any prize are the sole responsibility of the Winner(s). The Prize(s) may also be subject to Additional Prize Conditions, if any, noted above. KAYAK will not be responsible for any loss, liability, or damage arising out of any Winner’s acceptance or use of any Prize.
9. Winners List: To receive a list of Winner(s) for the Sweepstakes, email firstname.lastname@example.org. Requests for results must be received within 30 days of the end of the Entry Period.
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 proof of age and evidence to verify the identity of an entrant at any time, and may carry out checks of any details provided.
11. Ownership of entries and intellectual property rights: All entries become the property of KAYAK and will not be acknowledged or returned. You must have the permission of any person that you identify or otherwise refer to in your entry. By entering the Sweepstakes, entrants grant KAYAK the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the entry and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval.
12. Content of entries: Entrants warrant that they have the sole and exclusive right to grant such rights to KAYAK and that KAYAK’s reproduction, publishing, displaying, and/or other use of the entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, 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 rejected as ineligible for consideration and/or deleted. Entries must comply with all applicable laws, rules, and regulations. KAYAK shall have no obligation to copy, publish, display, or otherwise exploit the entry.
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.
13. 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 of 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 KAYAK and its promotional partners, and their respective subsidiaries, affiliates, directors, officers, employees and agents (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in any Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (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 prize; (c) if selected as a Winner, to the posting of such entrant’s name and/or, if applicable, user name on the KAYAK website and the use by Released Parties of such entrant’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 these conditions may result in disqualification from the Sweepstakes at KAYAK’s sole discretion.
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.
15. Organizer: The sponsor of the Sweepstakes is KAYAK Software Corporation.
16. Non-Affiliation: This Sweepstakes is in no way organized, sponsored, endorsed, or associated with or by any Prize provider or Social Media Platform.
17. 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.
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, 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 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.
KAYAK shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the 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; for errors in any promotional or marketing materials or in these Rules; 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: KAYAK reserves 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). In the event of cancellation, modification, or suspension, KAYAK reserves the right to select winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. 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; acts 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 its sole discretion). KAYAK reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.