HomeAway

SEE YOU IN SPACE $100,000 CONSTRUCTION CHALLENGE

In order to foster greater interest in space exploration and highlight the wonder and adventure of travel, HomeAway is giving one individual the chance to claim up to $100,100.00 as part of an effort to build a home on the fourth planet in our solar system, Mars.  This Challenge has two components.  The first is a random drawing that will result in a prize of $1,000.00.  The winner of the random drawing is then eligible to claim up to $100,000.00 for incurred construction costs and maintenance costs associated with building a vacation rental structure on Mars.    

Eligibility:  This promotion (the “Challenge”) is open to legal residents of the United States (including the District of Columbia and Puerto Rico, but excluding Florida and New York) who, prior to entry, have reached the age of majority in their state of residence.  Employees of HomeAway.com, Inc., and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.  The Challenge is subject to all applicable federal, state, and local laws and regulations and is void in Florida, New York, and where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Challenge.  Winning a prize is contingent upon fulfilling all requirements set forth herein. 

Sponsor:  The Challenge is sponsored by HomeAway.com, Inc., 1011 W. Fifth Street, Suite 300, Austin, Texas 78703.

Entry Method:  Between  August 1 and August 15th, 2018 (the “Entry Period”), send an email to seeyouinspace@homeaway.com containing your name, email address, physical address, telephone number, and one sentence describing why you want to build and own a vacation home on Mars, the fourth planet in our solar system.  All eligible entries will be entered into a random drawing and one will be selected on or about September 1, 2018.  You may only enter once.  Multiple entries are not allowed.  Use of any automated system to enter or take part will result in disqualification.  The authorized account holder of the email address used to submit entries will be deemed the entrant.  The winner may be required to show proof of being the authorized account holder. 

Content of Entries:  While the selection of the winning entry is based upon a random drawing, as described below, the ideas submitted must be original works belonging to the entrant, free and clear from any competing claim of ownership from any person or entity.  Entries must not include any language or imagery that the Sponsor, in its sole judgment, deems offensive or obscene.  This includes but is not limited to: profanity, hate speech, depictions or descriptions of violence or pornography.  In the event an entry containing material deemed offensive by Sponsor is drawn as the potentially winning entry, it will be disqualified and another entry will be drawn in its place.  

Drawing:  The potential winner will be notified by email.  Receiving a prize is contingent upon compliance with these terms.  The potential winner will be required to sign and return an affidavit of compliance with these terms and a liability and publicity release which must be received by the Sponsor in a timely manner in order for the potential winner to claim his/her prize.  If a potential winner cannot be contacted or fails to sign and return the provided documentation or any other requested information within a reasonable amount of time, the potential winner forfeits his/her prize.  If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries.  Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. 

Prizes:

  1. Drawing Prize.  The owner of the randomly selected construction idea will receive a check for $1,000.00 upon completion and submission of the affidavit and release documentation (“Drawing Prize”).
  2. Construction Prize.  The owner of the selected construction idea will also be eligible to receive a prize of up to $100,000.00 paid in annual increments of $5,000.00 to offset the costs of actual construction and ongoing maintenance of a vacation rental located on the planet Mars (“Construction Prize”).  No Construction Prize payments will occur or become due unless and until the winner breaks ground at a construction site on the planet Mars no later than August 1, 2025.  If ground is not broken on Mars by the winner by August 1, 2025, the Construction Prize will go unawarded.  In order to maintain the annual payments, the winner must demonstrate ongoing building progress and meet significant construction or maintenance goals which must be agreed upon in writing between Sponsor and the winner prior to commencement of construction. 

The Construction Prize is only for actual construction on the planet Mars and nothing else.  (Construction on Earth with the intent of later moving the structure to Marks does not qualify.) The winner may not use the Construction Prize for any other purpose.  The winner may not rely upon or induce others to rely upon, the potential receipt of the Construction Prize as a surety of any kind or as a source of funds that may be drawn upon or used to pay for or mitigate the cost of any pre-building expense or phase of the construction project whatsoever.  By way of example, pre-building expenses and phases include but are not limited to, all expenses incurred in connection with planning, surveying, space exploration, planetary exploration, design work, drawing, engineering, architectural services, safety consultations, geological services, equipment procurement, labor contracts, labor management, government permits, training of any sort, logistics, travel, and every other thing that would happen prior to actual  breaking of ground on the Mars-located construction site (collectively, “Prohibited Uses”).  The winner may not make any statement or representation or induce others to make any representation or statement that is likely to lead a reasonable person to believe the Construction Prize may be used for Prohibited Uses.   

The Construction Prize is personal to the winner and it may not be assigned or transferred to any other person or entity without the express written consent of Sponsor. 

Prize Constraints:  All expenses and costs not expressly stated in the prizes described above, including but not limited to, services, materials, labor, transportation, government fees, taxes or other expenses are the sole responsibility of the winner.  No substitution of prizes will be made. 

Compliance with Laws:  The winner must comply with all applicable laws and treaties related to the Challenge and in connection with any attempt to claim the Construction Prize.  The laws related to space are evolving and subject to change as commercial space travel becomes more viable.  It is possible that construction of the vacation rental property on Mars could be impossible or illegal by operation of law.  If a law prevents commencement of completion of construction, the Construction Prize will go unawarded and the Winner will only receive the Drawing Prize. 

Winners are responsible for all taxes and fees associated with prize receipt and/or use. 

Odds of Winning:  Odds of being selected as the winning submission depend on the number of eligible entries received during the Entry Period.  Receipt of the Construction Prize is highly contingent upon a number of factors beyond the control of Sponsor or Winner and its receipt is contingent upon beginning and maintaining construction of a vacation rental on Mars. 

Legal Release: By entering, entrants agree to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, quantum meruit or unjust enrichment, personal injury, death, or damage to or loss of property, arising out of participation in the Challenge or receipt or use or misuse of any prize.

Publicity: Except where prohibited, participation in the Challenge constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Challenge, or any part of it, if any change in laws, fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Challenge, as determined by Sponsor in its sole discretion.  In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or to be acting in violation of these terms or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Challenge; (4) technical or human error which may occur in the administration of the Challenge or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any loss, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Challenge or from entrant’s undertaking of any act, commitment, or obligation, in an attempt to obtain or increase the chances of obtaining the Drawing Prize or the Construction Prize; or (7) any loss, injury or damage to persons or property which may be caused, directly or indirectly by any use or misuse of any prize. 

If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the impacted entrant’s sole remedy is another entry in the drawing, if possible. No more than the stated number of prizes will be awarded.  If production, technical, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Texas (Austin Division) or the appropriate Texas State Court located in Travis County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, consequential damages and any other damages (other than for actual out-of-pocket expenses incurred to enter the Challenge), as well as any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

Entrant’s Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy https://www.homeaway.com/info/about-us/legal/privacy-policy

Winner List: For a winner list, contact HomeAway, ATTN: Legal, 1011 W. 5th Street, Suite 300, Austin, Texas 78703.  The winner list will be available after winner confirmation is complete.


About HomeAway

HomeAway, based in Austin, Texas, is a leading online marketplace for the vacation rental industry, with sites representing more than 2 million unique places to stay in 190 countries, and is a part of the Expedia Group family of brands. For more information about HomeAway, please visit www.homeaway.com.

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