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The Maui Instagram Sweepstakes to the Fairmont Kea Lani Official Rules
February 2, 2015
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Sweepstakes is open only to legal residents of the United States who are at least eighteen (18) years old and have a Twitter or Instagram account. Employees of Expedia, Inc. and their parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (spouse, parents, siblings, and children) and household members of those employees are not eligible to enter or win.
2. Sponsor: The Sweepstakes is sponsored by Expedia, Inc., 333 108th Avenue NE, Bellevue, WA 98004 (“Sponsor”).
3. Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Sweepstakes Period: The Sweepstakes begins at 9:00 AM Pacific Time (“PT”) on Wednesday, April 15, 2015 and ends at 11:59 PM PT on Sunday April 19, 2015 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
5. How to Enter: If you don’t already follow @Expedia on Instagram, visithttp://Instagram.com/Expedia and click on the icon to follow @Expedia. Once you are following, comment on one of @Expedia’s photos about the sweepstakes during the entry period and tag a friend who you’d like to travel to Maui with and you will be entered to win. There is a limit of one (1) entry per person. Multiple entrants are not permitted to share the same Twitter account. If you attempt to obtain more than one (1) entry by using multiple/different Twitter accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes.
6. Submission Requirements: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE POST (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES.
By participating in the Sweepstakes, each entrant hereby warrants and represents that any Post he/she submits:
1. is original to him/her;
2. does not violate any law, statute, ordinance or regulation;
3. the account will need to be made public to see the specific hashtag;
4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
5. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor); conduct or other activities in violation of these Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor reserves the right, in its sole and absolute discretion, at any time and for any reason to screen any Post(s). Any Post that the Sponsor deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her Post in order to ensure that the Post and complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Sweepstakes, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Post (and therefore the corresponding Entry and/or the associated entrant).
7. Selection of Winner: On or about April 27, 2015, a in Bellevue, Washington at approximately 10:00 AM PT at Expedia, Inc., 333 108th Avenue NE, Bellevue, WA 98004, Sponsor will select one (1) potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received.
8. Notification and Requirements of Potential Winner: Sponsor will reach out directly to potential winner via direct message on Instagram within one week of choosing a winning entrant. Sponsor will then follow up with potential winner via email with instructions on how to claim the prize. If a potential winner does not respond and comply with the instructions in the email message within three (3) days from the date the message was sent, he/she will forfeit the prize and Sponsor may award the prize to an alternate entrant. Only three (3) alternate entrants will be contacted. Upon response from winner, Sponsor will announce potential winners via posts on the @Expedia Instagram account. Potential winner will be tagged by their Instagram handle in the announcement. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf.
9. Prize: One (1) winner will receive a travel voucher for $3,000 USD off any booking for a hotel + flight package on Expedia.com for two (2) people. The hotel will be the Fairmont Kea Lani in Maui, Hawaii. The travel voucher can only be used on one (1) booking. The voucher is valid for one year from date of acceptance of prize (subject to availability at time of reservation). Voucher is subject to certain terms and conditions as specified by issuer. Approximate Retail Value (“ARV”) of prize: Up to Three Thousand dollars ($3,000.00). A winner is responsible for paying any applicable income taxes and any expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason.
10. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to the owner of an entry, the authorized account holder of the twitter account used to enter will be deemed to be the entrant. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
11. Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, their parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) any errors on the Twitter platform or Instagram platform that may prevent an entrant from entering or receiving direct messages; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Sweepstakes or the processing of entries; or (g) 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 Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, including its choice of laws provision.
13. Results: To request a winners’ list, send a self-addressed, stamped envelope to Expedia, Inc., 333 108th Avenue NE, Bellevue, WA 98004. Requests must be received within four (4) weeks after the end of the Sweepstakes Period.