HomeAway® Million Ways to Stay Sweepstakes (“Sweepstakes”) OFFICIAL RULES

THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING All USA TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER. INTERNET ACCESS AND A VALID EMAIL ADDRESS REQUIRED.

 

“Million Ways to Stay” Sweepstakes (the “Sweepstakes”)

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

 

  1. The “Sweepstakes Period” is from 12:00:01 am Central Time (CT), June 25, 2014 ("Sweepstakes-Start") to 11:59:59 pm CT, July 16, 2014 ("Sweepstakes-End"). Facebook’s computer clock governs time.
  2. Eligibility: This Sweepstakes is open only to legal residents residing in the 50 United States and D.C., who are the age of majority in their state of residence or older who had Internet access prior to the start of this Sweepstakes. Void in all US territories and off-shore commonwealths. Employees, officers, directors, agents, representatives and their immediate families or members of household (spouse, parents, children, siblings, and each of their spouses regardless where they live) of HomeAway.com, Inc. (“Sponsor”) and TMACO, LLC d/b/a THE MARKETING AGENCY (“Administrator”), their respective parent companies, subsidiaries, advertising, social media, design, web design, web hosting and production agencies (the “Sweepstakes Entities”), Facebook, Inc. (“Facebook”) and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
  3. How to Enter:
    1. This Sweepstakes is played only on the Facebook.com platform on the Internet, during the Sweepstakes Period.
    2. Go to HomeAway.com and search for your dream vacation. When you have decided, copy the URL of that page, then,
    3. Go to https://a.pgtb.me/lzZxXK. You must "Like” the fan page and allow Sponsor to access your basic Facebook Information in order to have the Sweepstakes Entry Form.
    4. Enter the URL you copied from homeaway.com and your First Name, Last Name, Zip Code, phone number (optional-will only be used to notify winner) and a valid, working email address for which you are the authorized user. You must check boxes that you agree to the Official Rules and Sponsor’s and Administrators privacy policies and that you are 18 years of age or older and the age of majority in your state of residence. You will receive (1) entry.
    5. After entering, you will see a pop up option to refer friends and family to register for the Sweepstakes. Your friend(s) must register as above to receive one (1) entry and you will receive one (1) Extra Entry for each family member or friend who is eligible under these Official Rules. You cannot receive more than three (3) Extra Entries
    6. To enter without using Facebook, submit all of the required entry form information in 3(D) above via email to social@homeaway.com by Sweepstakes-End to receive one (1) entry however, you will not be able to use the refer a friend option to gain Extra Entries.

 

LIMIT OF ONE (1) ORIGINAL ENTRY AND THREE (3) EXTRA ENTRIES

PER PERSON OR EMAIL ADDRESS DURING THE SWEEPSTAKES PERIOD.

 

All discovered entries made in violation of these rules will be deleted. You must supply an accurate, functioning email address, for which you are the authorized user, for your entry to be eligible and for winner notification. It is an entrant's responsibility to keep his/her email address current. Entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. You may not enter with multiple emails and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. “Authorized email user” is defined as the natural person who is assigned an email address by an online email service, Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email address submitted on the entry form. This promotion is in no way sponsored, endorsed, administered by or associated with Facebook. You understand that you are providing your information to Sponsor and the Administrator and not to Facebook.

  1. Winner Selection: One (1) potential Grand, First and Second prizewinners will be selected in random drawings from all eligible entries received during the Sweepstakes Period. Winners will be selected on or about July 25, 2014 and will be notified within three (3) business days via email to the email address entered upon registration. A potential winner will have three (3) business days to reply to the email notification of being selected a potential winner and for providing full contact information including a valid mailing address. Failure to provide the information above within such three (3) business days will signify to Sponsor that the prize has been declined and forfeited for all time and another potential winner will be will be chosen in random drawings. The potential Grand Prize winner will then be sent an Affidavit of Eligibility, Liability and (where legal) Publicity Release by the Administrator, via email, which will have to be completed, notarized and faxed to Administrator within three (3) business days of the date on the notification or it will be concluded definitively that the prize has been declined and forfeited for all time and, without further notice, an alternative winner will be selected in random drawings. Neither Sponsor nor Administrator is 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 email or phone account to receive email messages. Should a greater number of prize claims be received or notices sent out because of printing, emailing, mailing or programming errors or for any reason whatsoever, only the prize that received the most votes and its value will be awarded in the sole discretion of the Administrator.
  2. Prize, Approximate Retail Value (ARV) and Odds: One (1) Grand Prize: A $10,000 HomeAway Getaway to the vacation rental the winner chooses provided that such vacation rental must be available through HomeAway.com or a website owned and operated by HomeAway® Inc. (each a “Site”) The prize will be applied to the rental price of the vacation rental. Should the cost of the vacation rental be less than $10,000, the difference will be given to the winner in the form of a check to apply to airfare, meals, etc. ARV: - US$10,000 (“Total Value Amount”). Winner will be responsible for all other expenditures not specifically mentioned in these Official Rules, or otherwise, above the Total Value Amount, including, without limitation, all transportation, meals and beverages, gratuities, telephone, incidentals, transfers, personal expenses and travel/medical/baggage insurance. The prize vacation must be taken within one (1) year of prize award. A winner must book and have paid or have agreed in writing to pay for a vacation rental of at least $5,000 in order to receive the cash portion of the prize (should there be any). Proof of reservation is required. Should the stay amount to over the Total Value Amount, winner shall pay the remaining cost out of pocket. Winner shall be responsible for making his or her own reservation directly with the property owner. Winner will be asked to release and indemnify Sponsor from any losses or damages whether by tort or civil in nature, arising from the use of the vacation rental. Sponsor does not own or manage properties advertised on any Site. Winner’s stay in the vacation rental shall be subject to all rules applicable to renters of the vacation rental, as determined by the owner or manager of the vacation rental.   One (1) First Prize: 16 GB Kindle® Fire HD ARV: - US$129. One (1) Second Prize: $100 Amazon® Gift Card. Winners acknowledge that the prizes are awarded “as is” and that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for any representation expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. All prizes will be awarded if properly claimed according to the Official Rules and if there are sufficient entries.  Odds: The odds of winning any prize depend on the number of eligible entries received. 
  3. General: By participating in this Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Administrator. Sweepstakes administration and winner selection will be supervised by the Administrator, an independent judging organization, whose decisions are final and legally binding. No participant or potential winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. Sponsor is not responsible for those who cannot access the Internet or Facebook or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, problems with Facebook.com, force majeure, human errors, including, but not limited to, errors by Sponsor’s or Facebook's representatives and/or agents who enter incorrect information into any of Sponsor’s or agent’s computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure, human error or any other causes beyond Sponsor’s/Facebook's control. Should the Sweepstakes be cancelled, potential winners will be chosen from all the non-suspect entries. Sponsor reserves the right to disqualify any discovered entry from the Sweepstakes if, in Sponsor’s sole judgment, entrant has not fully complied with these Official Rules. Without limitation, all of an entrant’s discovered entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means, or a greater number of times, other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sweepstakes Entities and Facebook assume no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause.
  4. By entering this Sweepstakes, an entrant explicitly releases, discharges and holds harmless the Sweepstakes Entities and Facebook, Inc., their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation or non-participation in the Sweepstakes and the acceptance and use or misuse of a prize.  By accepting a prize, a winner waives the right to i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and ii) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of comparable or greater value for any reason. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner shall be selected in random drawings.
  5. All federal, state and local laws, regulations and ordinances apply. Sweepstakes void where prohibited, licensed, restricted or taxed. If any provision of this Sweepstakes shall be deemed to violate any federal, state, local or agency law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, local or agency law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserve the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  6. The Sweepstakes Entities and Facebook, Inc. shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials, notices or the Official Rules.
  7. All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor and Administrator collect personal information from you when you enter the Contest. The information collected is subject to Sponsor's/Administrator’s Privacy Policies, as they may apply, found by clicking on the “Privacy Policy” link on www.homeaway.com and by clicking on themarketingagency.com/html/privacyPolicy.html.
  8. As a condition of participating in this Sweepstakes, Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction in Travis County, Texas and all entrants agree to Travis County, Texas as the venue for any legal action without regard to conflict of laws doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys’ or experts’ fees. Some jurisdictions will not recognize the exclusive jurisdiction of the Courts of Texas and/or do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
  9. Publicity: Except where prohibited by law, by entering the Sweepstakes and as a condition of participating in this Sweepstakes and winning a prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR FIRST NAME, LAST NAME INITIAL, CITY AND STATE MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS LIST.
  10. Winners List — available at facebook.com/homeaway on or about August 15, 2014 and will remain for 30 days.
  11. Sponsor: This Promotion is sponsored by Homewaway.com, Inc., 1011 W. Fifth Street, Suite 300, Austin, TX 78703 and is administered by The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.

All trademarks are the property of their respective owners. Amazon.com, Inc. is not affiliated with Homeaway.com, Inc. and does not sponsor, endorse, approve or have any responsibility for this promotion. © 2014, The Marketing Agency.