LastMinuteTravel.com® “Travel Temptations”
Official Sweepstakes Rules
NO PURCHASE OR OBLIGATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS & A VALID TWITTER ACCOUNT ARE REQUIRED FOR ENTRY.
OVERVIEW: This “Travel Temptations” sweepstakes (“Sweepstakes”) encourages friends of LastMinuteTravel.com® to share the news about LastMinuteTravel.com® with their online friends. For each entry period within this Sweepstakes, those who forward, or “re-tweet,” a named special travel discount to their friends on Twitter will automatically get one (1) Sweepstakes entry per Entry Period. Then, after each entry period within this Sweepstakes, a winning Sweepstakes entrant will be awarded a two- (2) night stay at a top-ten destination hotel (“Prize”) based upon a random drawing from among the eligible entries.
1. Eligibility: This Sweepstakes is open to all legal residents of the 50 United States and the District of Columbia (except residents of Rhode Island) who are aged eighteen (18) years and older and the age of majority in their state of primary residence at the time of entry. Employees of Travel Holdings, Inc. (“Sponsor”) and each of its parents, affiliates, partners, subsidiaries, franchises, licensees, advertising and promotion agencies, distributors and other Prize suppliers (collectively, the “Sweepstakes Entities”), directors, officers, members, managers, agents and each of their immediate family members, and those living in the same household of each (whether legally related or not), are not eligible to enter or win. For purposes of this Sweepstakes, immediate family members are defined as spouse, in-laws, grandparents, parents, siblings, children and grandchildren. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. This Sweepstakes is void in Rhode Island, all U.S. territories, possessions, overseas military installations and where prohibited by law.
2. How to Enter: This Sweepstakes begins at 12:00 a.m. ET on September 1, 2010 and ends at 11:59 p.m. ET on February 28, 2010 (“Sweepstakes Period”). The Sweepstakes Period consists of twelve (12) separate entry periods (each, an “Entry Period”) as set forth in the table below:
|Entry Period #||Entry Period Starts at Midnight on:||Entry Period Ends at 11:59PM on:||Winner Chosen / Announced / Contacted on:|
|1||Tuesday, September 07, 2010||Sunday, September 12, 2010||Monday, September 13, 2010|
|2||Monday, September 20, 2010||Sunday, September 26, 2010||Monday, September 27, 2010|
|3||Monday, October 04, 2010||Sunday, October 10, 2010||Monday, October 11, 2010|
|4||Monday, October 18, 2010||Sunday, October 24, 2010||Monday, October 25, 2010|
|5||Monday, November 01, 2010||Sunday, November 07, 2010||Monday, November 08, 2010|
|6||Monday, November 15, 2010||Sunday, November 21, 2010||Monday, November 22, 2010|
|7||Monday, December 06, 2010||Sunday, December 12, 2010||Monday, December 13, 2010|
|8||Monday, December 13, 2010||Sunday, December 19, 2010||Monday, December 20, 2010|
|9||Monday, January 10, 2011||Sunday, January 16, 2011||Monday, January 17, 2011|
|10||Monday, January 24, 2011||Sunday, January 30, 2011||Monday, January 31, 2011|
|11||Monday, February 07, 2011||Sunday, February 13, 2011||Monday, February 14, 2011|
|12||Monday, February 21, 2011||Sunday, February 27, 2011||Monday, February 28, 2011|
By participating in this Sweepstakes, each entrant accepts and agrees to comply with and be bound by these Official Sweepstakes Rules (“Rules”) and the decisions of Sponsor, including Sponsor’s interpretation of these Rules, which will be final and binding in all respects. To participate in this Sweepstakes, an entrant must: (1) register as a LastMinuteTravel.com® follower on Twitter (http://twitter.com/LMTTweets); (2) Watch the LastMinuteTravel.com® Twitter account for the twitter status that contains a phrase to be “re-tweeted” along with the #LMT hashtag; (3) Forward, or “re-tweet,” that phrase, including the #LMT hashtag, to friends on Twitter within the applicable Entry Period in order to automatically count as one (1) Sweepstakes entry. Each entry will represent an opportunity to be randomly selected to win a Prize for that respective Entry Period.
3. Winner Selection: Prize winners (and alternates) will be drawn by random selection conducted by Sponsor at Sponsor’s place of business. Odds of winning depend on the number of persons who participate in the Sweepstakes and successfully complete the entry process. The number of Prize winners under this Sweepstakes shall be limited to one (1) winner per household, per Entry Period, and a maximum total of twelve (12) entrants will win a Prize within the entirety of the Sweepstakes Period as a whole.
4. Notification of Winner: Each Prize winner will be notified of his/her Prize award via a direct message to his/her Twitter account. In order to claim a Prize, a Prize winner must reply to Sponsor’s direct Twitter message within 48 hours, providing his/her full name and email address to Sponsor in the reply. Sponsor’s computer (and the screenshots obtained by Sponsor on its computer showing Sponsor’s Twitter profile, wall, and “tweets”) shall be the official time-keeping device for the Sweepstakes.
5. Prizes: The Prize awarded to the Prize winner from each Entry Period will be a two- (2) night stay at a hotel in a top-ten destination city. Prior to each Entry Period, the destination hotel where nights of stay are to be awarded will be announced on the LastMinuteTravel.com® blog, and on the LastMinuteTravel.com® Twitter profile. Specifically, each Prize will consist of two (2) nights of stay at a hotel in a top-ten destination city for two (2) parties (the Prize winner and his/her guest) in one (1) room (double occupancy). Each Prize winner shall have one (1) year from the date of Prize notification within which to complete the nights of stay for the Prize awarded, or the Prize will be forfeited. All Prizes legitimately claimed will be awarded. Any un-claimed Prize and/or un-timely claim for a Prize will be forfeited by that potential Prize winner, and the Prize will instead be awarded to an alternate randomly selected entrant. The winner of a Prize (assuming the winner accepts the Prize) will be solely responsible for the payment of sales tax on the retail value of the Prize, federal, state and local income and/or excise taxes, travel insurance, gratuities, transportation to and from the destination hotel, meals, phone charges, and any other such personal expenditure. The eligible dates of stay, and other details relating to the Prize, will be chosen solely in the discretion of and by Sponsor. A Prize winner may be required to provide a credit card at the time of hotel check-in, in order to cover hotel incidentals. A Prize winner’s guest must be the age of majority in his/her state of primary residence unless that Prize winner is the guest’s parent or legal guardian. Any Prize winner and his/her guest must comply with Sponsor’s, and the Prize provider’s, procedures and policies. The Prize winner agrees, and his/her guest must agree, to complete, sign, have notarized (if applicable) and return an affidavit of eligibility, a release of liability and a publicity release to Sponsor, within the time-frame specified by Sponsor, or else the Prize will be awarded to an alternate randomly selected entrant. Once a desired guest is selected by a Prize winner, that guest cannot be changed without the express consent of Sponsor, which consent may be withheld for any reason. The average retail value of the Prize may vary between $99.00 and $599.00 per person, double occupancy. Prize winners may be required to provide Sponsor with a Social Security number for Form 1099 and income-tax filing purposes. All Prizes are non-transferable, and no substitution by Prize winners or any cash equivalent shall be allowed. No amendments shall be made after awarded nights of stay are booked. Hotel accommodations are subject to restrictions, black-out dates, and availability. Sponsor reserves the right to substitute a Prize for another one of equal or greater value.
6. Publicity and Information Rights: By entering the Sweepstakes (except where prohibited by law), each Prize winner consents to the use of his/her full name, city, state, picture, likeness, voice, biographical data, Prize information, and any information contained in his/her Twitter post Sweepstakes entry (including Twitter thumbnail image), in and for any advertising, promotion and marketing materials throughout the world including on the Internet, by Sponsor, by its promotional partners and by third-party marketing entities. This consent shall be without any additional compensation to, notice to, review by, or approval of any Prize winner concerning such rights and use. Notwithstanding the foregoing, nothing contained in these Rules shall obligate Sponsor to make use of any of the rights granted herein. Additionally, as a condition of participating in this Sweepstakes, each participant gives consent for the Sweepstakes Entities and their representatives to obtain and deliver his/her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.
7. Identity: Each entry will be deemed to have been made by the first authorized Twitter account holder of record to respond to Sponsor’s direct Twitter message notifying that he/she is a Prize winner, but only if that person meets all other eligibility criteria. Otherwise, the entry may be disqualified, and any potential Prize won will instead be awarded to an alternate randomly selected entrant. A potential Prize winner may be required to provide Sponsor with proof that he/she is an authorized account holder of the applicable Twitter account. An authorized Twitter account holder is defined as the natural person to whom a Twitter account is assigned by an Internet access provider or online service provider that is responsible for assigning such accounts for the domain associated with Twitter accounts. If an identity dispute cannot be resolved to Sponsor’s satisfaction, the entry and any related entry claimant may be deemed ineligible for a Prize, in which case that Prize will instead be awarded to an alternate randomly selected entrant.
8. Limitation of Liability: Each entrant agrees to be bound by these Rules, including all eligibility requirements. Each entrant further agrees to be bound by the decisions of Sponsor, which decisions are final and binding in all matters relating to this Sweepstakes. Failure to comply with these Rules may result in disqualification from this Sweepstakes. By participating in this Sweepstakes, each entrant agrees to release Sweepstakes Entities, and the respective directors, officers, members, managers, employees, representatives and agents of each (collectively, the “Released Parties”) from any liability whatsoever for injuries, losses or damages of any kind sustained, or claimed to be sustained, in connection with his/her participation in this Sweepstakes. Each entrant’s agreement herein shall also fully extend to the acceptance, awarding, receipt, possession, use and/or misuse of any Prize while preparing for, participating in and/or traveling to or from any Prize-related or Sweepstakes-related activity, including without limitation any injury, damage, death, loss or accident to person or property. Each entrant agrees that each Prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the promotion, awarding, use or enjoyment of the Prize, including without limitation its quality, merchantability or fitness for a particular purpose. The Released Parties shall not be liable to any Prize winner or guest for any “missed-Prize” circumstances, events, opportunities or expenses incurred as a consequence of, without limitation, transportation failures/cancellations/delays, and personal and/or business/employment-related conflicts. The Released Parties shall not be responsible in any way for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or government authority. Further, each winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of his/her guest in relation to any Prize-related or Sweepstakes-related activity including, without limitation, any actions, claims or liabilities related to his/her guest’s use of the Prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees (except where prohibited) that, by entering the Sweepstakes, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, any punitive, incidental or consequential damages, and any and all rights to have damages multiplied or otherwise increased, and any other damages other than damages for actual out-of-pocket expenses (if any).
9. Additional Disclaimers: All entries and any materials submitted shall become the property of Sponsor and will not be acknowledged or returned. Sponsor’s failure to, or decision not to, enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsor’s sole discretion. The Released Parties are not responsible or liable for any of the following, whether caused by a Released Party, the entrant, or by any other individual or entity: (a) Any lost, late, incomplete, illegible, mutilated, corrupted, damaged, destroyed or misdirected entries, mail, e-mail, or Sweepstakes-related correspondence or materials or postage-due mail; (b) errors, typos or misprints in these Rules in any Sweepstakes-related advertisements or other materials; (c) viruses or technical or mechanical malfunctions; (d) interrupted or unavailable cable or satellite systems; (e) any error, omission, interruption, defect, or delay in transmission or communication; (f) failures of electronic equipment, computer hardware or software; (g) lost or unavailable network connections, or (h) failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Mechanically reproduced entries are not eligible. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or as a result of insufficient space in entrant’s Twitter account, e-mail account or other account to receive messages. Released Parties are not responsible, and may disqualify an entrant at any time, if his or her Twitter account, e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Sponsor reserves the right to permanently disqualify from this Sweepstakes (or any sweepstakes it sponsors) any person it believes has intentionally violated these official rules. If Sponsor determines at any time in its sole discretion that a Prize winner is disqualified, ineligible, or in violation of these Rules, Sponsor will award that Prize to an alternate randomly selected entrant, even if the disqualified original Prize winner’s name may have been shown or announced online or elsewhere. If the database of entrants becomes corrupted for reasons such as are described in this section, a Prize winner will be chosen from the remaining uncorrupted database of applicable entrants.
10. Tampering and Manipulation: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, VANDALIZE OR INTERFERE WITH THE OPERATION OF THIS SWEEPSTAKES OR THE SITE ON WHICH THIS SWEEPSTAKES IS OPERATING, IS A VIOLATION OF CRIMINAL AND CIVIL LAW. IF ANY PERSON SO ACTS, OR OTHERWISE SUPPLIES FALSE INFORMATION, OBTAINS ENTRIES BY FRAUDULENT MEANS OR IS OTHERWISE DETERMINED TO BE IN VIOLATION OF THESE RULES SO AS TO ATTEMPT TO ILLEGALLY OBTAIN ANY PRIZE, SPONSOR MAY DISQUALIFY THAT PERSON AND SEEK DAMAGES FROM HIM/HER, AND THAT PERSON MAY BE PROSECUTED TO THE FULL EXTENT OF THE LAW. ADDITIONALLY, ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE, OR TO UNDERMINE THE LEGITIMATE OPERATIONS OF THIS SWEEPSTAKES, VIOLATES CRIMINAL AND CIVIL LAW. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT. By participating in this Sweepstakes, each entrant agrees to not damage, or cause interruption of, the Sweepstakes, and further agrees not to prevent others from using the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant whom Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Any attempt to make submissions, earn entries, or register for accounts in excess of any stated limits using multiple or false contact information or otherwise may be disqualified in Sponsor’s sole discretion. Additionally, any forged, false, deceptive entries, or entries otherwise not in compliance with the Rules, may be disqualified from the Sweepstakes in Sponsor’s sole and absolute discretion. Entries that are programmed, robotic, automated, or generated by a script, computer program, macro or any other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other web site or online service, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
11. Enforceability: The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision is not contained herein.
12. Force Majeure: Without limiting any other provision in these Rules, the Released Parties are not responsible for or liable to any entrant or Prize winner, or any person claiming through such entrant or Prize winner, for failure to supply a Prize or any part thereof due to any Sweepstakes activity or Sweepstakes Entities’ operations/activities being affected, as determined by Sponsor in its sole discretion, by reason of (without limitation), (a) any acts of God; (b) any law, rule, action, regulation, order or request by any local, state or federal governmental or quasi-governmental entity or authority (whether or not the law, rule, action, regulation, order or request proves to be invalid); (c) equipment failure; (d) terrorist acts, threatened terrorist acts, air raid, act of public enemy, or war (declared or undeclared); (e) fire, flood, earthquake, blackout, epidemic, or explosion; (f) unusually severe weather, snowfall, flood, tornado or hurricane; (g) embargo, labor dispute, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, or work slow-down; (h) civil disturbance, insurrection, riot, or public assembly; or (i) any other cause uncontrollable by the Released Parties, whether or not specifically mentioned above.
13. Governing Law: This Sweepstakes, and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise), will be governed by, and construed in accordance with, the laws of the State of Florida. Any legal actions, suits or proceedings arising out of or related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the local, state or federal courts that serve the jurisdiction of Seminole County, Florida, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any such legal actions, suits or proceedings.
14. Prize Winners’ List and Official Rules: For the name of the Prize winners under this Sweepstakes, send a stamped, self-addressed envelope to: Travel Holdings, Inc., Attn: Administrator, LastMinuteTravel.com, Travel Temptations Sweepstakes, 220 East Central Pkwy, Suite 4000, Altamonte Springs, FL 32701. Requests must be received no later than three (3) months following the end of the Sweepstakes Period. For a copy of these Rules, print out these pages, or otherwise send a legal-sized, self-addressed, stamped envelope prior to the end of the Sweepstakes Period to: Travel Holdings, Inc., Attn: Administrator, LastMinuteTravel.com, Travel Temptations Sweepstakes, 220 East Central Pkwy, Suite 4000, Altamonte Springs, FL 32701. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents with a return address in Vermont may omit return postage with Official Rules requests.
15. Sponsor: This Sweepstakes is sponsored by Travel Holdings, Inc., 220 East Central Pkwy, Suite 4000, Altamonte Springs, FL 32701. Reference to the names or trademarks of third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and are not intended to suggest any endorsement, sponsorship or affiliation with Sponsor or this Sweepstakes. THIS SWEEPSTAKES IS NOT IN ANY WAY SPONSORED BY, ENDORSED BY, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER.