HomeAway® “Postcards from the Past” Contest (the “Contest”)
NO PURCHASE IS NECESSARY TO WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
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 have a valid blog or website on Wordpress, SquareSpace, Tumblr or other public blog account; (B) you are a legal resident of the fifty (50) United States, The District of Columbia, Puerto Rico or Canada (except Quebec) and (C) 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 Sweepstakes 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. Limit one entry per Entrant.
ENTRY PERIOD: The Entry Period begins at 12:01 a.m. Central Standard Time May 18, 2015 and ends at 11:59 p.m. Central Standard Time June 25, 2015. The winner will be announced on, or around, July 7, 2015 on Sponsor’s blog page found at: http://blog.HomeAway.com/LINKTBD (the “Page”).
HOW TO ENTER: To enter the Contest Entrants must do the following:
- Write a blog post with a minimum of 300 words about your favorite, funniest, most heartwarming or sentimental childhood vacation memory (the “Blog”).
- After publishing the Blog, visit the Page and enter the Blog URL, your name, email address and place of residence on the entry form (the “Entry Form”).
Including a link to HomeAway.com on the Blog is optional. Limit one entry per Entrant. By entering the Contest, each Entrant consents to use of their Blog, name, phone number, street address and e-mail address for all legitimate business purposes in perpetuity including advertising and promotional activities without additional compensation unless prohibited by law. Entrant agrees to be solely labile and responsible for Sponsor’s use of the Blog even if it is later determined that the use is not authorized or legal.
Sponsor is not responsible for any failure of the Page or websites and applications (such as Wordpress, SquareSpace, Tumblr, collectively the “Channels”) during the Entry Period including any technical malfunction of any computer, on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or review to be received on account of traffic congestion on the internet or on the Channels 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 Blog or content 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 the Entry shall be disqualified from the Contest.
ODDS OF WINNING: Odds of winning are based on eligible number of entries.
HOW TO WIN: There will be one (1) Grand Prize winner, one (1) First Prize winner, one (1) Second Prize winner, and forty (40) Eligible Entry winners (collectively the “Winners”).
Following the Entry Period, a panel of Sponsor judges will review all Blogs and select the Grand Prize, First Prize and Second Prize winners based on Blog quality, relation to the Contest topic and individuality. Eligible Entry winners will be determined by the first forty (40) Entry Forms submitted that meet all entry requirements.
PRIZE: The Grand Prize winner will receive one (1) $2,000 Amazon gift card. The First Prize winner will receive one (1) $500 Amazon gift card. The Second Prize winner will receive one (1) $250 Amazon gift card. Eligible Entry winners will each receive one (1) $50 Amazon gift card.
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 is not responsible for loss of any gift cards after delivery and will not replace a lost prize. Sponsor makes no representation or warranties concerning the prize awarded. There may be additional requirements related to use of a gift card. Sponsor has no relationship with Amazon. Amazon is not a sponsor of this Contest.
Only the prizes specified above will be awarded. Except to the extent outlined in these Official Rules, the prizes are non-transferable, with no cash redemption or equivalent. All federal, state and local income taxes, insurance, licensing, registration and title fees connected to the prizes are the sole responsibility of the winners. Sponsor may issue a W9 for the prize values for which winners will be responsible for paying taxes on. All federal, state and local laws and regulations apply.
CLAIMING A PRIZE: Only properly-claimed prizes will be awarded. As a condition of winning a prize, a winner must respond to Sponsor’s notification and complete any applicable forms required by Sponsor or a taxing authority within five (5) business days of receipt of prize notification.
If any correspondence sent by the Sponsor or any prize sent by the Sponsor is returned as undeliverable or remains unanswered for a period of five (5) days, the corresponding prize may be forfeited and may be awarded to an alternate winner. All winners must meet the eligibility requirements set forth in these Official Rules. Should a winner make any false statement(s) in any document, in the warranties and representations made in these Official Rules, in the Blog, or during the entry process the winner may be required to promptly return to Sponsor his or her prize or reimburse Sponsor for the prize amount. An unclaimed prize may be awarded in a random drawing to be held as necessary. In the event there is a dispute of a winner’s identity, the related prize will be awarded to the established authorized Channel account holder. Any winner may be requested to provide Sponsor with proof that such winner is the authorized Channel account holder. Sponsor may determine, in its sole discretion, whether the proof provided is sufficient. The names of the winners may be obtained by sending an email to firstname.lastname@example.org following the Entry Period.
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 Blog uploaded on the Page and grant consent to use the Blog in the manner described in the license herein and (ii) the Blog 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, 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 any 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, Channel 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 this Contest. Under no circumstances will an 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 Entrant 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 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 Entrant 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).