DOGVACAY AND HIPMUNK GIVEAWAY OFFICIAL RULES
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1 DOGVACAY AND HIPMUNK GIVEAWAY OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, WHO ARE AT LEAST 21 YEARS OLD AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED. 1. PROMOTION PERIOD. The entry period for this sweepstakes (the "Promotion") begins at 12:00am PST on May 25, 2015 and ends at 11:59 pm PST on June 7, 2015 (the "Promotion Period"). All entries must be received by the Sponsor (as defined below) by the conclusion of the Promotion Period. The Sponsor's clock will be the official clock for the Promotion. 2. ELIGIBILITY. This sweepstakes (the "Promotion") is only open to legal residents of the United States who are at least 21 years old as of the date of entry, except officers, directors and employees of the Sponsor, the judging organization (if applicable) or any other party associated with the development or administration of this Promotion and members of the immediate family (i.e., parents, children, siblings, spouse) or household of any such officer, director or employee. This Promotion is void outside of the United States, and where prohibited. 3. HOW TO ENTER. Visit: (the "Website") during the Promotion Period and enter a valid name, address and postal zip code. There is a limit of one entry per person and per address. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the address submitted at the time of entry (i.e., the natural person who is assigned to an address by an Internet access provider, on-line service provider or other organization responsible for assigning addresses for the domain associated with the submitted address). By entering this contest you agree to receive updates and promotions from DogVacay and Hipmunk about this sweepstakes and other marketing and promotional offers. 4. WINNER SELECTION AND NOTIFICATION. There will be one (1) potential winner in total. One (1) potential winner will be selected in a random drawing from all eligible entries conducted by or on behalf of the Sponsor during the Promotion Period with tentative winner selection dates on or about June 10, 2015 (the "Drawing Date"). The potential winners will be notified by . The potential winners are subject to verification. If a potential winner is a minor under the laws of his or her state of residence, the prize may in the Sponsor's sole discretion be awarded to the winner's parent and/or legal guardian. If the potential winner (i) cannot be contacted and/or does
2 not respond within two (2) days from the date the Sponsor first tries to notify him/her, and/or (ii) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. (After two (2) such alternate potential winners have been selected without securing an eligible winner, the prize may remain un-awarded.) 5. PRIZE DESCRIPTION. There will be one (1) potential winner in total. Winner receives: (a) 2 Roundtrip flights to Hawaii from a major domestic airport in the United States up to a maximum value of $2,000, must be booked through Hipmunk (b) 3 night stay at a 4-star hotel up to a maximum value of $1,000, must be booked through Hipmunk (c) 4 night DogVacay stay up to a maximum value of $200, must be booked through DogVacay All prize details will be determined by the Sponsor in its sole discretion. All prizes must be redeemed by December 31, ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received. 7. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not accepted is forfeited. The Sponsor reserves the right to disqualify the winner(s) and select an alternate winner(s) if the winner(s) elects not to accept the prize or any portion of the prize. No substitutions for any prize or prize component are permitted except that the Sponsor, in its sole discretion, will have the right to substitute a prize or prize component of equal or greater value. 8. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if any) and all other parties associated with the development or administration of this Promotion, and each of their parent, subsidiary and affiliated entities, agents, contractors, representatives, successors and assigns, and the officers, directors, members, shareholders, and employees of each of the foregoing (all of the foregoing, collectively, the "Sponsor Entities"), from any and all claims, demands, lawsuits and liability whatsoever in connection with this Promotion (collectively, "Claims"), including without limitation any and all Claims (i) arising out of or based upon participation in the Promotion or the use of
3 any prize or prize component and/or (ii) arising out of or based upon any personal injury, death, damage to, loss or destruction or property, violation of the right of publicity or privacy, defamation or portrayal in a false light. Except where prohibited by law, acceptance of a prize constitutes a grant of permission by the winner to the Sponsor and/or its designees and licensees to use the winner's name, likeness and biographical information for editorial, advertising and/or publicity purposes, without further compensation or notice to the winner. 9. DISCLAIMERS AND GENERAL TERMS AND CONDITIONS. (i) By entering this Promotion, entrants accept and agree to be bound by these Official Rules. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant determined or suspected to have violated or failed to comply with the Official Rules. All decisions of the Sponsor regarding this Promotion are final and binding in all respects and each entrant agrees to accept and be bound by the same. (ii) The Sponsor is not responsible for entries that are lost, late, misdirected, illegible, delayed, corrupted, incomplete, incorrect, garbled, or incompletely received, or for any incorrect or inaccurate capture of or any damage to or loss of any entry or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of any entry or the administration of the Promotion. (iii) The Sponsor, in its sole discretion, reserves the right to disqualify any person that the Sponsor believes is or may be cheating, hacking, tampering with the entry process or the operation of the Website, engaging in unfair playing practices or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated devices or processes to enter is prohibited and the Sponsor reserves the right, in its sole discretion, to disqualify any entry that the Sponsor believes may have been submitted using such a device or method and/or any entrant who the Sponsor believes may have been involved in the submission of an entry using such a device or method. (iv) The Sponsor reserves the right, in its sole discretion, to cancel, terminate or modify the Promotion if the Sponsor determines that technical problems or failures, actual or suspected entrant fraud or misconduct, unauthorized intervention or other occurrences beyond the control of the Sponsor have corrupted or threaten to corrupt the administration, integrity and/or security of the Promotion or threaten to interfere with the proper operation of the Promotion. In the event of termination of the Sweepstakes, a notice will be posted on the Website and a random drawing to award the prize(s) will be conducted from among all eligible entries received as of the time of termination. (vi) The Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, typographical, technical, distribution or production errors. The Sponsor may in its sole
4 discretion cancel, terminate or modify this Promotion in the event of any such error. In no event will the Sponsor be responsible for awarding more than the number of prizes specified in these rules. (vii) THE SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THE WEBSITE, THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (viii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (ix) The value(s) of the prize(s) set forth above represent the Sponsor's good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by the Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. 10. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without giving effect to any principles of conflict of laws or any other rules or principles that would cause the application of the laws of any jurisdiction other than the State of New York. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California, and each entrant consents to the jurisdiction of such courts and agrees not to contest such jurisdiction or to argue that any such court is an inconvenient or improper venue. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-ofpocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages or attorneys' fees. Each entrant waive all rights to claim any such damages or attorney's fees or to have
5 damages multiplied or otherwise increased. 11. WINNER LIST. For a list containing the name(s) of the winner(s), send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Winner List, Doggone Good Summer Sweepstakes, c/o DogVacay, Inc. 820 Broadway, First Floor, Santa Monica, CA SPONSORSHIP. This Promotion is sponsored by DogVacay, Inc. (the "Sponsor").
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