HomeAway® Birdhouse Stay (“Contest”)



Participation in the Contest constitutes full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent on fulfilling all requirements set forth herein. The “Sponsor” of the Contest is HomeAway.com, Inc. located at 1011 W. Fifth Street, Suite 300, Austin, Texas, 78703.

WHO MAY ENTER: You may enter the Contest if (A) you are a legal resident of the fifty (50) United States, The District of Columbia, Puerto Rico or Canada (except Quebec) and (B) you are at least twenty-one (21) years of age or older at time of entry (Each an “Entrant”).  Void in overseas U.S. territories, possessions, commonwealths and military installations (except Puerto Rico where this Contest is valid), and void in the province of Quebec.  Void where prohibited, licensed, restricted or taxed. Employees of Sponsor and its parent company and affiliates, as well as their immediate family members (spouse, parents, siblings, and children) and household members of each such employee, are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations.

ENTRY PERIOD: The Entry Period will start on12:01 a.m. Central Standard Time February 19, 2017 and end at 11:59 p.m. Central Standard Time March 1, 2017.  

The winner will be contacted by March 3, 2017. Limit one entry per person per Entry Period.

HOW TO ENTER: During the Entry Period, Entrants will (i) visit www.HomeAway.com/Birdhouse (the “Page”), (ii) select which timeframe of SXSW® they wish to spend in the HomeAway Birdhouse (either March 10-14, 2017 or March 15-19, 2017), (iii) click “Send a Message”, and (iv) answer the question: “Why do you want to stay in the HomeAway Birdhouse during SXSW®” (collectively each an “Entry”).

By entering the Contest, each Entrant consents to Sponsor’s use of their names, e-mail addresses, and contributed content for all legitimate business purposes in perpetuity including advertising and promotional activities without additional compensation unless prohibited by law.

Sponsor is not responsible for any failure of the Page during the Entry Period including any technical malfunction of any computer, on-line systems, servers, access providers, computer equipment, software, or failure of any e-mail to be received on account of traffic congestion on the internet, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest.

Subject to Sponsor’s sole discretion, any Entry that incorporates elements that are lewd, offensive, vulgar, sexual in nature, involve nudity, defamatory, infringing, or otherwise considered illegal shall be removed from the Page and disqualified from the Contest.

ODDS OF WINNING: Odds of winning are based on eligible number of Entries participating.

HOW TO WIN:  There will be one (1) winner for each specified timeframe of the SXSW® festival, two (2) winners total. Following the Entry Period, a panel of independent judges will review Entries and select the two best Entries based on the following criteria:

PRIZE: Each winner shall receive (i) a two (2)-night stay in the HomeAway Birdhouse located at 1011 W. Fifth Street, Suite 300, Austin, TX 78703 (the “Birdhouse”) for the timeframe designated at time of entry (ARV $800 each), (ii) a two (2)-night stay in a select vacation-rental website advertised on www.HomeAway.com (the “Property”)(ARV $900 each), (iii) a USD $100 gift card to Whole Foods Market, (iv) Verb® hair care products (ARV $42 each), and (v) Birds Barbershop gift card and tchotchkes (ARV $65 each).

Only the Prize specified above will be awarded. A winner’s party cannot contain more than six (6) guests. Each winner will be asked to release and indemnify Sponsor from any losses or damages whether by tort or civil in nature arising from the stay at the Birdhouse or the Property and will complete any separate release or waiver required by the Sponsor or Property owner. Sponsor does not own, manage, or represent the Property. Cost of stay at the Property is subject to the individual Property owner or manager. When staying at the Property, a winner may be asked to present a valid Photo ID and credit card. A winner must abide by any regulations, rules, policies, or practices enforced by the individual Property owner or manager and/or by HomeAway.  Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded. Sponsor makes no representation or warranties concerning the prize awarded. Each winner is responsible for his or her own travel and transportation expenses. Passes and tickets to SXSW events not included.

CLAIMING PRIZE: Only a properly claimed prize will be awarded. As a condition of winning the prize, the winner must complete any applicable forms required by Sponsor or a taxing authority within fifteen (15) days of receipt of prize notification. Because it is a corporate environment, winner may be asked to consent to a criminal background check in order to stay at the Birdhouse.

All federal and state income taxes are each winner’s responsibility and a 2017 form1099 will be issued to a winner for the value of the prize up to the aggregate ARV.

If any correspondence sent by the Sponsor or any prize sent by the Sponsor is returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner. If a winner does not respond within seven (7) days after the Sponsor’s first attempt to contact him or her, the prize may be forfeited and may be awarded to an alternate winner. Each winner must meet the eligibility requirements set forth in these Official Rules. Should a winner make any false statement(s) in any document, on the Page, or during the entry process, the prize may not be awarded. A list of the winners may be obtained by sending an email to media@homeaway.com following the Entry Period.

PRIVACY: Please review the Sponsor’s privacy policy at https://www.homeaway.com/info/about-us/legal/privacy-policy. By participating in the Contest you hereby agree to Sponsor’s collection and usage of your personal information as permitted by Sponsor’s privacy policy and acknowledge that you have read and accept Sponsor’s privacy policy.

REPRESENTATIONS AND WARRANTIES. By entering the Contest, you explicitly affirm, represent and warrant that (i) you have all legal right, title, and interest to the content contributed to the Page and (ii) the Entry is your sole and original work and you have not copied or plagiarized the content or the concept from other material. You agree to indemnify, defend, and hold harmless Sponsor from any claims made by a third party for your breach of these Representations and Warranties.

LIMITATION OF LIABILITY:  By participating in the Contest, including accepting a prize (or any portion of it), Entrant agrees to release, hold harmless and agrees not to institute any claim against Sponsor and its parent company, affiliates, subsidiaries and their respective officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, the awarding (including the determination of authorized account holders), acceptance, receipt, possession, use and/or misuse of a prize awarded herein. Upon delivery of a prize to a winner, Sponsor will be deemed to have awarded the prize to such winner with winner assuming full responsibility for the prize.

Released Parties are not responsible for any technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to your or any other person’s computer relating or resulting from participating in the Contest or downloading any materials in these Contest. Under no circumstances will Entrant be permitted to obtain awards for any action or claim related to this Contest, and Entrant hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, in relation thereto and further waives all rights to have damages multiplied or increased.

MISCELLANEOUS CONDITIONS: If the Contest cannot be conducted as planned, for any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select a winner(s) from among the eligible Entries prior to the cancellation. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the substantive laws of the State of Texas, without regard to its conflict of laws rules. Any action relating to this Contest shall be initiated only in the state and federal courts located in Travis County, Texas (USA).