Terms & Conditions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The KAYAK Plane Challenge Contest (“Sweepstakes”) is open only to legal residents of the fifty (50) United States, the District of Columbia, and Canada who are 18 years of age or older. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of KAYAK (“Sponsor”), Booking Holdings Inc., OpenTable. (“OpenTable”), their parent companies, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. Void in the province Quebec and where prohibited. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters relating to this Sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws. This Sweepstakes is in no way sponsored, endorsed, or administered by, or in association with Twitter or American Express. The information you provide will be used for the purposes of Sweepstakes administration.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 4:00:00 p.m. Eastern Time (“ET”) on February 22, 2018 and ends at 11:59:59 p.m. ET on February 28, 2018 (the “Sweepstakes Period”).
HOW TO ENTER:
During the Entry Period, users should follow the below guidelines:
Reply to this KAYAK tweet on Twitter with a picture of you using household objects to pretend you’re on a plane (“fake a plane challenge”) photo for your chance to win.
Entries must be submitted by and received by the dates and times specified in the times above to be considered for the applicable Entry Period drawing. See your wireless service provider for pricing plan details. Twitter accounts with public settings are required to enter and can be opened for free by downloading onto your smartphone from your appropriate app store. Any direct messages from a private Twitter account will not be seen or eligible. Limit one entry per Twitter account.
REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted entries;
- tags or includes competitors of the sponsor, including but not limited to travel metasearch sites and travel agencies;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- contains any personal identification, such as personal names or e-mail addresses;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Sweepstakes and to its use as otherwise set forth herein.
ODDS: One (1) potential winner will be selected for the Entry Period in a random drawing, on or about the dates specified in the chart above from among all eligible entries received throughout the Entry Period. All non-winning entries received for the Entry Period drawing will not carry over to be considered in subsequent Contest Entry Period drawings. Odds of winning a prize depend on the number of eligible entries received throughout the Entry Period, subject to the terms of this Agreement.
WINNER NOTIFICATION: The potential winner will be notified by mail, phone, e-mail or direct message approximately three (3) business days following the Entry Period drawing. 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 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 (1): The winner (entrant) will receive one (1) $250 AMEX gift card. Gift card is subject to certain terms and conditions as specified by issuer. Sponsor is not responsible for distribution of prize to tagged user in entrant’s contest entry. Approximate Retail Value (“ARV”) of the prize: $250.
PRIZE CONDITIONS: Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded including, without limitation, any and all federal state, local and provincial taxes and withholdings (as applicable). All prize details are at Sponsor’s sole discretion and subject to availability. Total ARV of prizes: $250.
GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, or garbled photos, posts, uploads, entries, mail or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of photos, posts, uploads, entries, mail, emails, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Sweepstakes or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action taken using the judging criteria specified above. Entrants, by participating, agree that Sponsor, Booking Holdings Inc., Golin, Facebook, Twitter and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes. Except where legally prohibited, entry into this Sweepstakes and/or winner’s acceptance of prize constitutes permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice, photo and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same user account, the authorized subscriber of the user account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses.
LICENSE/USE OF ENTRIES: By submitting an entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party. Furthermore, by submitting an entry, you waive your moral rights, in each entry, in favor of the Sponsor, and its successors, assigns, licensees, representatives, agents, and those acting at Sponsor’s direction.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in Connecticut; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Connecticut, USA.
WINNER’S NAME: For the name of the prize winner (available after March 5, 2019), send an email with the subject line “KAYAK’s Plane Challenge Contest Winner’s List” to email@example.com by March 31, 2018.
SPONSOR: KAYAK, 7 Market Street, Stamford, CT 06902.