1. Introduction: The Contest referenced below (“Contest”) is organized by KAYAK Software Corporation (“KAYAK”) located at 7 Market Street, Stamford, CT 06902.
These rules are the terms and conditions of the Contest (“Rules”). By entering the Contest, you agree to be bound by these Rules. If you do not agree with any of the Rules then you should not enter the Contest. Failure to comply with these Rules may result in disqualification from the Contest at KAYAK’s sole discretion.
2. Key Defined Terms: The capitalized terms below shall have the respective meanings set forth opposite them:
Contest: KAYAK’s 2021 Word of the Year Contest
Contest Start Date: Monday, January 25, 2021, 10:00 a.m. EST
Contest End Date: Friday, February 5, 2021, 11:59 p.m. EST
Entry Start Date: Monday, January 25, 2021, 10:00 a.m. EST
Entry End Date: Sunday, January 31, 2021, 11:50 p.m. EST
Date of Contest Winner Announced: Friday, February 5, 2021
Instagram: To enter Contest via Instagram, during the applicable Entry Period: (i) Users must suggest a new word and definition to describe travel in 2021, (ii) Users should comment their new word and definition on the Contest social post, and (iii) follow @KAYAK to be entered. You must have an account on Instagram to enter.
Number of Entries Permitted Per Person: Users may submit as many entries as they like, but must have a different word and description for each entry.
Social Media Platform: Enter the Contest on the following Social Media Platforms: Instagram
Eligibility Requirements: Users must be at least 18 years old and a resident of the United States.
Number of Winner(s): One (1)
Prize: One Prize consisting of: Four (4) $50 AMEX gift cards (approximate retail value: $50 each); total retail value: $200.
Additional 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: Prize will be awarded in the form of four (4) $50 AMEX gift cards as stated above.
3. Eligibility: You are eligible to enter the Contest if you meet the Eligibility Requirements. Employees of KAYAK or its affiliates and anyone else professionally connected with this Contest, 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 Contest begins on the Start Date and will end on the End Date. All eligible Contest entries will be accepted beginning on the Entry Start Date and will end on the Entry End Date (“Entry Period”).
5. How to Enter: During the Entry Period, you may enter the Contest via the Entry Method described above. There is no limit to the number of entries a user may submit, though each entry must contain a different word and description to be counted as a valid entry. Proof of sending will not be considered proof of receipt. 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 Contest.
6. Winner Selection: At the close of the Entry Period, the winner(s) (“Winner(s))”) will be determined by a popular vote on KAYAK’s Instagram stories following KAYAK selection of four (4) finalists from among all eligible entries received. KAYAK’s selection of the four (4) finalists will be judged upon the following criteria: creativity, positivity, and relatability. The four (4) finalists will be entered into an online randomizer to determine the two (2) semi-final match-ups (2 finalists per semi-final match-up). The finalist in each of the two (2) semi-final match-ups with the highest number of votes will move on to the final match-up. Of the two (2) finalists in the final match-up, the finalist with the highest number of votes will be named the Winner. KAYAK’s decision is final and binding in all matters relating to the Contest. Odds of winning depend on the actual number of eligible entries received and quality of entries. Potential winner(s) will be notified by email to the email address provided, or via direct message on the applicable Social Media Platform, at KAYAK’s discretion. If a potential winner is unreachable for 24 hours after the first attempt to contact such winner(s) or, if applicable, is unable to attend, KAYAK may award the Prize to an alternate entrant. To claim the Prize, a Winner must complete and sign an “Affidavit of Eligibility and Liability Release” within 48 hours of notification, or an alternate winner may (in KAYAK’s sole discretion) be selected. KAYAK’s computer shall be the official timekeeper for all matters related to the Contest.
7. Prize: The Winner(s) will receive the Prize. 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 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.
8. Winners List: To receive a list of Winner(s) for the Contest, email email@example.com. Requests for results must be received within 30 days of the end of the Entry Period.
9. Conditions: By entering the Contest, 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.
10. 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 Contest, 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.
11. 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 Contest, 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 Contest 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 Contest, 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 Contest 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 Contest 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 Contest 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 Contest 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.
14. Organizer: The sponsor of the Contest is KAYAK Software Corporation.
15. Non-Affiliation: This Contest is in no way organized, sponsored, endorsed, or associated with or by any Prize provider or Social Media Platform.
16. Governing Law: The Contest 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. The Federal and State courts located in the county of Stamford, Connecticut will be the exclusive venue for any disputes under the Contest, and you hereby consent to the personal jurisdiction of those courts for such purposes.
17. Prohibition and disqualification: KAYAK reserves the right to permanently disqualify from any Contest or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Contest 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.
18. Modification or cancelation of these Rules: KAYAK reserves the right to cancel, modify, or suspend the Contest 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 Contest, 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 Contest.