FlipKey Extension Widget Terms of Service

FlipKey Guest Reviews Monthly Contest – Official Rules

Please read these Official Rules to the “FlipKey Guest Reviews Monthly Contest” (the "Promotion"). All Entrants, as defined below, agree to be bound by these FlipKey Guest Reviews Monthly Contest Official Rules (the "Official Rules").

Sponsor: The Sponsor of the Promotion is FlipKey, Inc. ("FlipKey" or the “Sponsor”) flipkey.com, located at 80 Summer Street, Boston, MA 02110, USA. All questions regarding the Promotion should be directed by e-mail to contest@flipkey.com or via regular mail to the address above.

Promotion Period: The Promotion begins on or about 12:01 a.m. Eastern Time (EST), July 15, 2008 and continues through 12:00 a.m. Eastern Time (EST), November 15, 2008 (the “Promotion Period”).

How to Participate: During the Promotion Period, users that submit on FlipKey, or a FlipKey partner website, a guest review of their vacation rental stay (each an “Entrant”) will receive one entry per review into a monthly prize drawing (each an “Entry”). To enter, simply follow the instructions on the email you receive inviting you to leave a guest review and complete the review submission process on FlipKey.com (the “Website”). Only one Entrant per email directly from Sponsor inviting user to leave a guest review. Once your review is complete, you will receive one (1) entry into the monthly drawing. Your entry will be for the current month during which your review was submitted. If you do not win the monthly drawing (see schedule below for dates of the monthly drawings) you will not be eligible for subsequent monthly drawings. Your guest review must be submitted in accordance with the review guidelines and the Terms and Conditions of FlipKey.com, located at http://www.flipkey.com/Pages/terms_cond/ (the "Terms and Conditions"). By participating in the Promotion, Entrants agree to be bound by these Official Rules and the Terms and Conditions. Each valid review is an entry. Reviews that are not accepted by the Sponsor or that are removed by the Sponsor, based on the review policy, the Terms and Conditions or for any additional reason, will not be eligible to receive an entry in the Promotion. All reviews must be submitted by the deadline indicated in the schedule below to be eligible for the appropriate drawing.

FlipKey and its respective parent companies, subsidiaries, and their respective officers, directors, employees and agents (the “Released Parties”) are not responsible for any: (a) telephone, computers or network malfunction, human or other error or failure to properly process any review or Entry; (b) communication disruption or other forces beyond their reasonable control, including inability to access any website, submit an Entry or other disruption related to internet traffic, virus, bug or any unauthorized intervention whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the Website due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s), flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other similar or dissimilar cause(s) beyond Sponsor’s sole and reasonable control; (c) damage caused by computer virus or otherwise resulting to any computers from Entrant’s access to the Website or Entry into the Promotion; (d) printing or other errors appearing in the rules or other Promotion materials; (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Entrants participation in the Promotion or receipt or use of any prize.

No purchase Necessary: No purchase necessary to enter the Promotion or win the Promotion. Purchasing any products or services or reserving any vacation rental through Sponsor or the Released Parties will not have any influence on or improve chances of winning.

Schedule of Monthly Drawings: During the Promotion Period the following schedule of drawings and eligibility shall apply: (1) August Drawing for guest reviews submitted from 12:01 a.m. Eastern Time (EST), July 15, 2008 through 12:00 a.m. Eastern Time (EST), August 15, 2008 (the “August Drawing”); (2) September Drawing for guest reviews submitted from 12:01 a.m. Eastern Time (EST), August 15, 2008 through 12:00 a.m. Eastern Time (EST), September 15, 2008 (the “September Drawing”); (3) October Drawing for guest reviews submitted from 12:01 a.m. Eastern Time (EST), September 15, 2008 through 12:00 a.m. Eastern Time (EST), October 15, 2008 (the “October Drawing); and (4) November Drawing for guest reviews submitted from 12:01 a.m. Eastern Time (EST), October 15, 2008 through 12:01 a.m. Eastern Time (EST), November 15, 2008 (the "November Drawing” and together with the August Drawing, the September Drawing and the October Drawing the “Monthly Drawings”).

Prizes for Promotion Winners: During each Monthly Drawing of the Promotion Period, one (1) promotion winner will be selected from all of the eligible entries received in such Monthly Drawing and each such promotion winner shall be awarded a prize consisting of a US$200 gift card to Amazon.com. Each Monthly Drawing prize is valued at Two Hundred Dollars ($US200).

Prizes are subject to certain terms and conditions. Additional restrictions, limitations and exclusions may apply. Other than as stated herein, no substitution, cash equivalent or transfer of prizes (or portion thereof) permitted by winners. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at Sponsor's sole discretion. All federal, state and local taxes, and all costs and expenses related to the acceptance and use of the prizes not specified in these Official Rules as being awarded are the sole responsibility of the winners. Limit one (1) monthly prize per person, per e-mail address, per household.

Drawing Promotion Winners: Each Monthly Drawing promotion winner will be randomly selected on or about the ending date of the Monthly Drawing period described above. All drawings will be conducted by the Sponsor, whose decisions are final and binding on all matters relating to the Promotion. Sponsor will be the sole inspector, final arbiter and solely responsible for verifying all prize claims. Sponsor reserves the right to disqualify any guest reviews and related entries that it suspects are improper in its sole discretion. Non-winning entries from one Monthly Drawing will not be eligible for selection in subsequent drawings. All prizes will be awarded assuming a sufficient number of eligible participants. Odds of winning will vary by the number of managers that participate. Void where prohibited. Entries void if mechanically reproduced, defective, altered, forged or submitted through or outside authorized channels, made through robotic, automatic, mechanical, facsimile, programmed or similar entry duplication method, and Sponsor reserves the right to disqualify any individual using such method.

Notification to Promotion Winners: Potential winners will be notified via email shortly after the close of each Monthly Drawing period and will be required to provide a declaration of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within five (5) business days of the date such email notification was sent in order to claim the prize. Failure to comply with this requirement may result in disqualification and the prize may be forfeited and, at Sponsor’s sole discretion, awarded to an alternate potential winner. If the prize itself, the prize notification or email notification is returned undeliverable or in the event of noncompliance with these Official Rules, prize may be forfeited and, at Sponsor’s discretion, awarded to an alternate potential winner.

In the event of a dispute about the identity of an Entrant, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry or associated with a FlipKey account. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A winner may be required to provide FlipKey with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winner. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor.

Request List of Winners: Individuals may request the name of the winners by sending an e-mail to contest@flipkey.com or submitting a self-addressed, stamped, envelope before October 20, 2008 to FlipKey Contest, Winners' List Request, 80 Summer Street, Boston, MA 02110, USA. Residents of Vermont, the United Kingdom, Canada and other jurisdictions where submission of return postage is prohibited may omit return postage.

Eligibility: Each Entrant must be an individual who is legal resident at least the age of majority in his or her jurisdiction of residence for the duration of the Promotion Period and has a valid email address. The Promotion is void where any aspect of the Promotion is prohibited by law or where registration, bonding or translation is required. The Promotion is open only to residents of the United States of America, Canada, the United Kingdom, Belgium, Denmark, Finland, Israel, Norway, Spain, Sweden, Switzerland, Australia, New Zealand, China, Taiwan, Hong Kong, and India. Residents of the province of Quebec are not eligible. FlipKey, in its sole discretion, shall determine the eligibility of Entrants and the time of submitted guest reviews. Employees, independent contractors, officers, and directors of FlipKey, its affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to win a prize in the Promotion. Entrants expressly waive any right Entrant may have under the laws of the country of Entrant's domicile or residency to have the Official Rules, the Promotion registration, the Promotion website, and all correspondence with Entrant written in the official language of such Entrant's country of domicile or residency.

By registering for or participating in the Promotion, Entrant agrees to abide by and be bound by these Official Rules and any decision FlipKey or its designees make regarding any matters relating to the Promotion. Entrants who do not comply with the Official Rules are not eligible to win a prize. All decisions made by FlipKey or its designees shall be final and binding. FlipKey reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by FlipKey, and to prosecute to the fullest extent permitted by law, any Entrant who, in FlipKey's reasonable suspicion, tampers with any of FlipKey's sites, the entry process, the Promotion, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification of a winner, FlipKey may replace the winner with the an alternate winner at the sole discretion of the FlipKey.

Taxes: ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. FlipKey reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. Winners will be required to supply a Social Security Number (or, in Canada, a Social Insurance Number, or, in the United Kingdom, a National Insurance Number) or similar Taxpayer or government ID prior to the award of any prize. Sponsor shall have no obligation or responsibility to any winner or potential winner who is unable or unavailable to utilize any prize as described herein.

General: By participating, Entrants agree (a) to be bound by these Official Rules and the decisions of the Sponsor, which are final binding in all matters; (b) to the use by Sponsor and Sponsor's designees of their names, cities and states of residence, likenesses, reviews, statements and ratings for advertising and promotional purposes in any and all media now known or hereafter devised throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless Released Parties and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, from any liability, claims, losses and damages arising out of or relating to their participation in this Promotion and the acceptance, use, misuse or possession of any prize received in this Promotion. The Released Parties are not responsible for lost, late, stolen, damaged, garbled, inaccurate, incomplete, misaddressed, illegible, mutilated, undelivered, delayed or misdirected registrations, entries, referrals, mail or undeliverable e-mail addresses for whatever reason, or for errors, omissions, interruptions, deletions, defects, phone transmissions or delayed telephone lines or in operations or transmission of information, in each case whether arising by the way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Further, the Released Parties are not responsible for electronic communications, which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages. The Released Parties are not responsible for any other errors, malfunctions or problems of any kind, whether computer, network, printing, typographical, technical, human or otherwise, relating to or in connection with this Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the announcement of the prizes, the processing of registrations, reviews, entries or referrals, or any Promotion-related material.

Reviews: Reviews may only be based on the reviewer's actual experience and beliefs with the reviewed vacation rental and must be submitted by the individual as his/her own opinion. Entrants submitting reviews understand that Sponsor's acceptance of reviews for posting is not an endorsement, approval or sanction by Sponsor or Amazon.com, which is in no way affiliated with this Promotion, Sponsor or the Released Parties, of the review or reviewer. Entrants may only submit one (1) rating/review per vacation rental stay. All reviews shall be owned by Sponsor which may use the reviews (and any edited or modified versions thereof developed by Sponsor or Sponsor's designees) for any lawful purpose throughout the world in any and all media, now known or hereafter devised, in perpetuity without notice, compensation or permission from the reviewer or any third party, as set forth in the Terms and Conditions of FlipKey.com. Sponsor shall have no obligations to accept, post or use any reviews and may refuse to accept any reviews at Sponsor's sole discretion for any reason or no reason, including without limitation, reviews that it views to be duplicates, inappropriate, abusive, defamatory or which would reflect unfavorably on Sponsor, a group, community or individual, as set forth in the Terms and Conditions of FlipKey.com.

The use of automated software or computer programs to register or to enter the Promotion is prohibited and any individual who uses or attempts to use such methods to register will be disqualified and all his/her entries will be void. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information or software in connection with, this Promotion. Sponsor reserves the right, at its sole discretion, to modify or terminate this Promotion, should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor's control corrupt or affect the administration, security, fairness or proper conduct of the Promotion, and conduct a random drawing from among all eligible, non-suspect entries received up to the date of discontinuance for any or all of the prizes offered herein. In the event of any such cancellation, termination or suspension, a notice will be posted on the Website. Sponsor reserves the right, in Sponsor's sole discretion, to disqualify any entrant (and void his/her entries) from this Promotion or any other contests conducted now or in the future by Sponsor or any of Sponsor's affiliates if his or her fraud or misconduct affects the integrity of the Promotion. You are not a winner until your eligibility has been verified, and it is determined that you have complied with all terms of these Official Rules. All materials submitted become the property of Sponsor and will not be returned. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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.

Disclaimer and Limit of Liability: FLIPKEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT'S PARTICIPATION IN THE PROMOTION. FLIPKEY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. FLIPKEY RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.

Release: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS FLIPKEY AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY ENTRANT; (II) ENTERING AND PARTICIPATING IN THE PROMOTION; AND/OR (III) ACCEPTING ANY PRIZE. HOWEVER NOTHING IN THESE OFFICIAL RULES SHALL LIMIT SPONSOR'S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF AN ENTRANT'S JURISDICTION CANNOT LAWFULLY BE LIMITED.

Governing Law: The Promotion and the rights and obligations of FlipKey and Entrants will be governed by and controlled by the laws of the Commonwealth of Massachusetts, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the Commonwealth of Massachusetts, Suffolk County. The parties consent to the jurisdiction of the state courts of Massachusetts and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.

Construction: The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

Privacy: Entrant information submitted as part of the registration process will be collected in accordance with FlipKey's Privacy Policy which can be found at http://www.flipkey.com/Pages/privacy_policy/.

© 2008 FlipKey, Inc. All Rights Reserved.