Expedia and Netherlands Tourist Board #VanGogh2015 Sweepstakes
The Expedia and Netherlands Tourist Board #VanGogh2015 Sweepstakes (the "Sweepstakes") starts on March 2, 2015 at 12:01 AM Greenwich Mean Time ("GMT") and ends on April 12, 2015 at 11:59 PM GMT ("Promotion Period"). The Sweepstakes will consist of six (6) weekly entry periods as outlined in the chart below (each, an "Entry Period"). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Inc. ("Twitter"). By entering, you understand that you are providing your information to the Sponsor and not to Twitter.
|Entry Period||Starts at 12:01 AM GMT on:||Ends at 11:59 PM GMT on:||Random drawing on our about:|
|1||March 2, 2015||March 8, 2015||March 9, 2015|
|2||March 9, 2015||March 15, 2015||March 16, 2015|
|3||March 16, 2015||March 22, 2015||March 23, 2015|
|4||March 23, 2015||March 29, 2015||March 30, 2015|
|5||March 30, 2015||April 5, 2015||April 6, 2015|
|6||April 6, 2015||April 12, 2015||April 13, 2015|
Sweepstakes is open to legal residents of the United Kingdom, France and Germany who are at least eighteen (18) years old at the time of entry. Employees of Expedia, Inc. ("Sponsor"), the Netherlands Tourist Board ("NBTC") and each of their parent companies, subsidiaries, affiliates, prize suppliers, promotion/ advertising agencies, as well as the immediate family members (spouse, parents, children and siblings and each of their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win.
During the Promotion Period, log-in to your Twitter account, follow Expedia UK, France or Germany's Twitter profile if you are not already doing so (found at https://twitter.com/ExpediaUK; https://twitter.com/ExpediaFR; and https://twitter.com/ExpediaDE) and post a tweet or a re-tweet that includes the hashtag #VanGogh2015 and one of the following Expedia Twitter handles; @ExpediaUK, @ExpediaDE or @ExpediaFR to receive one (1) entry (each, an "Entry") in the applicable Entry Period. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process are void. Entries received from any person or Twitter account in excess of the stated three (3) per person per day limitation will be void. If you choose to tweet or re-tweet using your mobile device, data rates may apply. See your wireless service provider for pricing plan details. A Twitter account is required to enter this Sweepstakes and is available for free at http://twitter.com.
Each tweet and re-tweet received by the Sponsor will be counted as one (1) Entry. Entries from @ExpediaUK, @ExpediaDE and @ExpediaFR using the hashtag #VanGogh2015 will be combined. The Entry target specified in the chart below for each Entry Period must be reached in order for the prize for that Entry Period to be awarded; a prize will not be awarded for an Entry Period if the applicable Entry target is not reached.
|Entry Period||Starts at 12:01 AM GMT on:||Ends at 11:59 PM GMT on:||Entry Target for this Entry Period prize to be awarded|
|1||March 2, 2015||March 8, 2015||1,887|
|2||March 9, 2015||March 15, 2015||1,888|
|3||March 16, 2015||March 22, 2015||1,888|
|4||March 23, 2015||March 29, 2015||1,888|
|5||March 30, 2015||April 5, 2015||1,889|
|6||April 6, 2015||April 12, 2015||1,890|
At the end of each Entry Period, the number of Entries received will be reset to 0 for the beginning of the next Entry Period.
On the dates indicated above at 10:00 am GMT in London, England, United Kingdom at Expedia Office, 407 St. John Street, London, EC1V 4EX, Sponsor will select one (1) potential winner in a random drawing from among all eligible Entries received for the applicable Entry Period. The odds of being selected as a potential winner depend on the number of eligible Entries received for each Entry Period. Sponsor will notify the potential winners via the Twitter account used at the time of entry and will require a contact email address in order to supply the prize. In the event a potential prize winner fails to claim his or her prize within ten (10) days of the drawing date for the specific Entry Period, such potential prize winner will be deemed to have forfeited the prize and Sponsor will have no further obligation to such potential winner. If a prize is forfeited, the Sponsor may conduct a random drawing from among all remaining eligible Entries for the applicable Entry Period to select a new potential winner and notify such individual using the notification procedure outlined above. Non-winning Entries from one Entry Period will not carry over into any subsequent Entry Period(s).
Entrants may submit a maximum of three (3) Entries using only one (1) Twitter account per day, for a maximum total of eighteen (18) Entries per person using only one (1) Twitter account throughout the Promotion Period. Any Entries received in excess of the stated limitation will be automatically disqualified and the Sponsor may, in its absolute discretion, disqualify such entrant's participation in the Sweepstakes. Entries submitted by any other method other than the method listed above will be automatically deemed invalid and will not be entered into the Sweepstakes. Entries generated by script, macro or other automated means or practices, and entries by any means which subvert the entry process are void. Any Entries that: (i) violate any third party rights, including, but not limited to, copyrights or trademark rights; (ii) contain content that is obscene, indecent, or otherwise inappropriate, as determined by Sponsor, in its sole discretion; (iii) communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or (iv) violates any law, will not be entered into the Sweepstakes.
By entering, you grant Sponsor, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) license and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry and all elements of such entry, including, without limitation, responses to the questions, as-is or as-edited (with or without using your name) in any media throughout the world, in perpetuity (or if a resident of France, for a period of no more than five (5) years), for any purpose, without limitation, and without additional notification, review, compensation, or approval from you or any other party.
The potential winners may be required to execute and return to Sponsor an affidavit of eligibility, a liability release and, where lawful, a publicity release within ten (10) days of date of issuance. Lack of consent to the publicity release by a French winner will not prevent such individual from receiving the prize. If documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor's discretion, an alternate potential winner may be selected by random drawing from among all remaining eligible entries received.
Each winner will each receive a Future Travel Credit to be used toward round-trip economy class air transportation and a hotel package for winner and one (1) guest, exclusive of taxes and fees, from the United Kingdom, France or Germany (depending on winner's jurisdiction of residence) to Holland. Approximate Retail Value ("ARV) of prize is: 2,000 Euros each. Total ARV of all prizes: 12,000 Euros. Future Travel Credits are subject to certain terms and conditions as specified by Sponsor at time prize is awarded. Future Travel Credits must be redeemed by December 31, 2015. Future Travel Credits are not valid on standalone airfare bookings, only on flight + hotel package bookings or standalone hotel bookings to Holland. Bookings will be made by an Expedia call centre agent on behalf of the winner. Tickets are not transferrable to another person, route or airline. Rebookings are not allowed. The value of the Future Travel Credit is not refundable. Tickets are subject to certain terms and conditions as specified by issuer.
Actual value of a prize may vary based on destination, rates at time of booking and travel dates. Any difference between stated ARV and actual value will not be awarded. A winner and his/her guest must travel together on the same itinerary and are responsible for obtaining any required necessary documentation (i.e., valid passport, visas, etc.) prior to travel. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless the child or legal ward of a winner and must sign a liability/publicity release prior to the issuance of travel documents. If guest is child or legal ward of a winner, winner must sign and return release on behalf of such child or legal ward. The vouchers are not transferrable and cannot be redeemed for cash. In the event the total cost of round-trip economy class air transportation and hotel package for a winner and his/her guest is less than the total Future Travel Credit amount provided, the remaining value of such Future Travel Credit will no longer be valid and Sponsor will have no further obligation to such winner. In the event the total cost of round-trip economy class air transportation and hotel package for a winner and his/her guest exceeds the value of the Future Travel Credit provided, such winner will be solely responsible for paying the difference in cost.
Certain blackout dates and travel restrictions may apply. Each winner is responsible for paying any applicable federal, provincial, state, local, income and withholding taxes, if any, and any and all other costs and expenses not listed herein as being provided, including but not limited to any/all ground transportation, luggage fees, meals, hotel incidentals, souvenirs and gratuities. In the event that any tax withholding is required by law for a prize, each winner authorizes Sponsor to make the corresponding deduction. Any prize details not specified above will be determined by Sponsor, in its sole discretion. Winners may not transfer, assign or substitute a prize or redeem a prize for cash, except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value. Prizes are awarded "as is" without any warranty or guarantee, either express or implied by Sponsor.
In the event that the operation, security, proper play or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes; or (b) terminate the Sweepstakes and award the prizes for the applicable Entries Period(s) by random drawing from among all non-suspect, eligible Entries received for the drawing(s) at issue up to the time of the termination. Sponsor reserves the right, in its sole discretion, to disqualify and seek any and all remedies available from any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor's failure 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 or via the internet shall not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes is subject to federal, state, provincial, and local laws and regulations, and is void outside of the United Kingdom, France and Germany and where prohibited.
By entering, you agree to release and hold harmless Sponsor, Netherlands Tourist Board, Twitter, Creative Partnerships, their respective parents, 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, use or misuse of any prizes and any portion thereof (including any travel/activity related thereto), 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 Sweepstakes site that may impact entry; (d) printing errors; (e) lost, late, misdirected, garbled, inaccurate, or undeliverable Entries, tweets or re-tweets; (f) errors in the administration of the Sweepstakes; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney's fees. To the extent permitted by law, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, tweets, re-tweets, hashtags or direct messages, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), websites, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing or review of Entries, tweets, re-tweets, hashtags and direct messages, the announcement of the prizes, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of websites. Persons who tamper with or abuse any aspect of the Sweepstakes or websites, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If any provision of these Official Rules is invalid under the law, rules or regulations of any participating Region, the invalidity of such provision shall not affect the validity of the remaining provision. Except where prohibited by law, entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Wales, United Kingdom. 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Wales, United Kingdom, without giving effect to any choice of law or conflict of law rules (whether of Wales or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Wales.
(i) Released Parties shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health; (ii) In an event of slight negligence, Released Parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A "cardinal duty" shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely; (iii) in the event of slight negligence, as outlined in Clause (ii), Released Parties shall not be liable for any lack of commercial success, lost profits and indirect damages; (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical, foreseeable damages; (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of the Released Parties; (vi) Any potential liability on the part of the Released Parties for any warranties and for claims based on the German Product Liability Act shall not be affected.
Notwithstanding anything elsewhere in these Official Rules, no person's or entity's liability for death or personal injury caused by its negligence shall be limited in any way, and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded. Where these Official Rules provide for discretion exercisable by a Released Party that could otherwise be capable of causing a significant imbalance in the parties' rights and obligation hereunder, to the detriment of a consumer and contrary to the requirement of good faith, shall be exercised reasonably and in good faith.
Expedia, Inc., 407 St. John Street, London, EC1V.
Declaration/Certificate of Eligibility, Publicity Release and Liability Waiver
This Declaration/Certificate of Eligibility, Publicity Release and Liability Waiver (this "Agreement") must be read and signed by persons (the "Winners") who are awarded a prize in the Expedia and Netherlands Tourist Board #VanGogh2015 Sweepstakes ("Sweepstakes") sponsored by Expedia, Inc. (the "Sponsor"). The Sweepstakes Winner is referred to below as "I" or "me." In consideration of the awarding of a prize to me, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree as follows:
I represent that I understand and have fully complied with the Official Rules of the Sweepstakes (attached hereto and incorporated herein by reference) and that I have committed no fraud or deception in entering the Sweepstakes or in claiming any prize awarded to me. I represent that I am eligible to receive the prize awarded to me in the Sweepstakes.
I give permission irrevocably and in perpetuity to Sponsor, the Netherlands Tourist Board ("NTBC") their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (‘the "Released Parties") to use my name, photographs, likenesses, voice and biographical material in and in connection with the Sweepstakes and all ancillary and subsidiary uses thereof and all advertising and publicity in connection with the Sweepstakes and to exploit the Sweepstakes in any and all manner and media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation to me, use, adapt, reproduce, distribute, display and publicly perform my name, entry, visual likeness and biographical data, in whole or in part, worldwide, in connection with the promotional or marketing activities of Sponsor and/or its subsidiaries or affiliates.
I understand that I am entitled to receive only the announced prize and that such prize is non-transferable and that no substitutions or cash equivalents will be made except at the sole discretion of the Sponsor or as provided in the Official Rules of the Sweepstakes. As provided in the Official Rules, I hereby agree to be responsible for all federal, state and local taxes and any other costs or expenses incurred in accepting or using any prize awarded to me not specified in the Official Rules as being provided, including, without limitation, additional ground transportation, luggage fees, meals, souvenirs, incidentals, and gratuities. I also acknowledge that Released Parties will not arrange for any precautionary medical measures or carry any insurance of any kind for my benefit or that of my heirs, executors and administrators relative to the use of any prize awarded to me; and that I am solely responsible for obtaining medicine and paying for any life, accident, automobile, travel, property or other insurance relative to my use of any prize. I also understand that I am responsible for obtaining all required travel documents prior to travel. I understand that the trip must be completed on dates specified by Sponsor or it will be forfeited and Sponsor will have no further obligation to me.
This Agreement shall not be subject to the jurisdiction of any union or guild and no additional payments, royalties or consents or any party are required in connection with Sponsor's use of any of the rights granted herein.
I will not disclose any confidential information whatsoever (creative or otherwise) about the Sweepstakes, Sponsor or this Agreement without Sponsor's prior written approval in each instance. I will not give any interview or authorize any publicity relating to the Sweepstakes, my entry, Sponsor or my services or participation thereon without Sponsor's prior written approval.
I understand that by entering, I grant Sponsor, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use my entry and all elements of my entry, including, without limitation, responses to the questions, as-is or as-edited (with or without using my name) in any media throughout the world, in perpetuity, for any purpose, without limitation, and without additional notification, review, compensation, or approval from myself or any other party.
I ACKNOWLEDGE THAT ANY ACCEPTANCE, PARTICIPATION IN AND/OR USE OF ANY PRIZE IS SOLELY AT MY OWN RISK. THEREFORE, I, ON BEHALF OF MYSELF AND MY ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, "SUCCESSORS"), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) RELATING TO ANY CLAIM I MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, "HARM") THAT MAY BE SUFFERED BY ME OR ANY THIRD PARTY AS A RESULT OF THE SWEEPSTAKES, ANY USE BY SPONSOR OF MY NAME, VISUAL LIKENESS OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH MY ACCEPTANCE, PARTICIPATION IN, USE OF AND/OR INABILITY TO USE ANY PRIZE AWARDED TO ME, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE "RELEASED CLAIMS").
I SPECIFICALLY UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT ME AND MY SUCCESSORS FROM BRINGING A LAWSUIT, CLAIM OR OTHER ACTION AGAINST SPONSOR OR ANY OTHER RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER LEGAL RELIEF FROM SPONSOR OR ANY OTHER RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.
If any provision of this Agreement is found to be unenforceable in any respect by a court, it is my intention and understanding that this Agreement shall nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable. To the extent permitted by applicable law, I hereby waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Sponsor or any Released Party under this Agreement.
This Agreement shall be governed by the laws of the State of Washington, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Washington, U.S.A. with respect to any claim or suit arising out of or in connection with this Agreement, the Sweepstakes, any delivery, misdelivery or nondelivery of any prize or my acceptance, participation in, use of, or inability to use any prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts.
I acknowledge and agree that my consent to the terms set forth above is material inducement for Sponsor to award a prize to me and Sponsor would not do so in the absence of my consent as evidenced by my signature below.
This Agreement constitutes the entire agreement between myself and Sponsor with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between myself and Sponsor or any other Released Party with respect to such matters. This Agreement may not be amended or supplemented except by a writing signed by Sponsor specifically referencing this Agreement.
THIS IS A LIABILITY RELEASE PLEASE READ CAREFULLY BEFORE SIGNING
|Name of Winner (please print):|