Flippin’ Awesome Vacation Giveaway (“Sweepstakes”)
2011 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
1. ELIGIBILITY REQUIREMENTS: Open to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older. Employees, contractors, directors, and officers of FlipKey, Inc. (“Sponsor”), its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members of each such person (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes) are not eligible to enter or win a prize. Void where prohibited; subject to all applicable federal, state and local laws and regulations.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on November 15, 2011 at 12:00:01 am Eastern Time (“ET”) and ends on January 10, 2012 at 11:59:59 pm ET (the “Sweepstakes Period”). The Sweepstakes application server is the official clock for this Sweepstakes. Entries must be received by the end of the Sweepstakes Period to be eligible.
3. TO ENTER: Go online to the FlipKey page on Facebook.com (http://www.facebook.com/flipkey) (the “Web Site”) during the Sweepstakes Period and click on the link to the “Sweepstakes” page to access the Sweepstakes application. You must be a fan of (“Like”) the FlipKey page on Facebook to access the Sweepstakes application. Follow the on-screen directions to complete and submit the online entry form to receive one (1) entry into the Sweepstakes. You will be asked to select your favorite property and destination from the list of three on the application. Limit one (1) entry per person and/or email address through this primary method of entry. You may receive additional entries into the Sweepstakes after you enter via the primary method of entry by following the instructions to tell your friends about the Sweepstakes (each a “referral entry”). You should only refer people you know personally. You will receive one (1) additional entry for each friend you refer who enters the Sweepstakes by 11:59:59 p.m. ET on January 10, 2012. In the event that the same person is referred more than one time, a referral entry will only be awarded to the person whose link was used to access the Sweepstakes application for entry.
Proof of submission is not proof of receipt by Sponsor. Automated methods of entry are prohibited and any use of automated devices will cause disqualification. In the event of a dispute regarding the identity of the entrant, the natural person associated with the email address provided at the time of entry will be considered the entrant. Participants may not enter with multiple Facebook accounts nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any participant who attempts to enter with multiple Facebook accounts or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. By participating, entrants agree to abide by and be bound by these Official Rules. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Sponsor and not to Facebook. Information submitted in connection with this Sweepstakes is governed by Sponsor’s Privacy Policy (available at http://www.flipkey.com/Pages/terms_cond/). If you are selected as a winner, your information may also be included in a publicly-available winners list.
4. DRAWING, ODDS, PRIZE AND APPROXIMATE RETAIL VALUE (ARV):
Winner will be selected in a random drawing from all eligible entries received. The drawing will be conducted on or about January 19, 2012, by a Sponsor representative, whose decisions shall be final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received.
One (1) Grand Prizes: Use of a vacation rental home for one week in the location selected at the time of registration, and a $3,000 check. Total Prize ARV: $11,000.
Prize restrictions: Vacation Rental is subject to the Restrictions/Terms and Conditions as set forth in the Rental Agreement document, which will need to be signed prior to prize award. Transportation to the vacation rental is not included.
5. WINNER NOTIFICATION AND PRIZE CLAIM: Potential Winner is subject to verification, including verification of age. If potential Winner is found not to be eligible or not in compliance with these Official Rules, if prize notification or prize is unclaimed or returned as undeliverable, or if prize is rejected, the potential Winner will be disqualified and the prize will be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Winners are solely responsible for any taxes on or other expenses related to the prize, regardless of whether the prize, in whole or in part, is used, and will be issued IRS Forms 1099 and W9 for the value of the prize if greater than $600. No transfer of prize is offered, except at the sole discretion of the Sponsor. No cash or other substitution of prize is permitted, except that if the prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. No more than five (5) alternates will be contacted. Unclaimed prize will not be awarded.
6. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prizes in a random manner to be determined by Sponsor. This Sweepstakes is offered only in the United States and is governed by the laws of the state of Massachusetts, without giving effect to any choice of law or conflict of law rules, and entrants consent to jurisdiction and venue in, and agree that all claims and disputes must be resolved in, the federal or state courts in Suffolk, Massachusetts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from user’s participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and the Sweepstakes Parties are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use of the Web Site or the download of any information from the Web Site, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, Sweepstakes Parties and Facebook, Inc. from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Except in Tennessee, and where prohibited by law, by accepting a prize, winners (or winners’ parent/legal guardian, if winner is a minor) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state),photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation.
8. WINNERS LIST: For the name of the winner, send an e-mail request to: Kelly@flipkey.com no later than February 10, 2012.
SPONSOR: FlipKey, Inc., 179 Lincoln St. Suite 405, Boston MA 02111
