No Purchase Necessary. A purchase will not increase your chances of winning.
This promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram, or any other social network or platform. You understand that you are providing your information to the Sponsor, and not to any other social network or platform.
ELIGIBILITY. The #WeekendGetaway Instagram Sweepstakes (“Sweepstakes”) is NOT OPEN TO RESIDENTS OF RHODE ISLAND. THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE 49 UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA (the “Select Markets”) WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY, and have internet access (“Entrants”). Sweepstakes is sponsored by SmarterTravel, 210 Broadway, Suite 202, Cambridge, MA 02139 (“Sponsor”). Employees of Sponsor, its parents, and subsidiaries, advertising and promotion agencies, and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of this Sweepstakes and their immediate families are ineligible to participate in this Sweepstakes. Void wherever else restricted or prohibited by law. By participating in this Sweepstakes, each Entrant hereby acknowledges that they have read, accept, and agree to be bound by these Official Rules.
SWEEPSTAKES PERIOD. The Sweepstakes begins at 11:00 a.m. Eastern Standard Time (“EST”) on July 5, 2016 and ends at 11:59 p.m. EST on July 17, 2016 (the “Sweepstakes Period”).
HOW TO ENTER. Via Instagram. To enter via Instagram, Entrants must do the following: After 11 a.m. EST July 5, 2016 during the Sweepstakes Period, 1) an entrant may log on to his or her Instagram account (or create an account at www.Instagram.com if her or she does not already have one. 2) Follow SmarterTravel’s Instagram account @smartertravel. 3) “Like” the designated Sweepstakes photo on @smartertravel’s account. Once this has happened, the Client will automatically be entered into the Sweepstakes as an Entrant. Registration is free. Each Entrant is only allowed one entry. Only entries received via Instagram will be counted; this Sweepstakes is not being run by the Sponsor on any other social platform. 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.
Entry Requirements. When the Winner is contacted via Direct Message on Instagram, all contact information provided by the Winner must be valid, current, and complete. All entries must be received by 11:59 p.m. EST on July 17, 2016 according to Sponsor’s server clock. Sponsor reserves the right to disqualify false entries or entries suspected of being false. Entries generated by a script, macro, or other automated means will be disqualified. The Sponsors shall determine, in their sole discretion, if any entrant shall be disqualified for any reason, and all decisions of disqualification by the Sponsors are final.
PUBLICITY. Entrants grant to Sponsor and affiliates (SmarterTravel) the right to use their personal Instagram handle in announcing the Winner of the Sweepstakes.
SELECTION AND NOTIFICATION OF WINNER. Sponsor will select one (1) Winner who will be selected at random from qualified Entrants. Odds of winning a prize depend on the number of eligible entries received. The Winner will be notified via Direct Message by the official @smartertravel account associated with the Instagram post liked by July 18, 2016 (“Notification”). The Winner will be required to respond (as directed) within twenty-four hours after attempted Notification. A Winner’s failure to respond timely to the Notification may result in forfeiture of a prize, and in such case, Sponsor may select an alternate Winner from among the remaining eligible entries. The Winner may be sent a declaration of eligibility / liability / publicity release (“Release”). Except where prohibited by law, the Release will state that a Winner agrees to allow Sponsor to use (without additional compensation) his or her name and Instagram handle. Winner may also be required to provide name, current email address, and phone number. Unless restricted by law, Winner will be required to complete and return the Release within the time period specified therein. A prize may be forfeited, and in such case, an alternate Winner may be randomly selected from among the remaining eligible entries if a Winner (up to three times): (i) cannot be reached; (ii) does not respond to the Notification in a timely manner as required pursuant to these Official Rules; (iii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iv) cannot accept or receive a prize for any reason. Non-compliance with these Official Rules may result in disqualification and selection of an alternate Winner. The first name and social media handle of Winner may be announced and posted on Sponsor’s and it’s affiliates’ online social media pages (such as Facebook, Twitter, and Instagram).
PRIZES. If eligible under these Rules, Winner will be awarded the following award (the “prize”): $500 Gift Card
Form of payment and delivery of all prizes above (e.g. cash, check, gift card, reimbursement, etc.) shall be at Sponsor’s sole discretion. Total Approximate Retail Value (“ARV”) of the prizes are as stated above. Gift cards and vouchers subject to Sponsor’s Terms of Service.
Eligibility, age, and any and all other claims shall be subject to verification prior to the actual awarding of a prize. All details regarding redemption of a prize are at Sponsor’s sole discretion and will be provided at the time of Winner’s Notification.
Winner’s solely responsible for any other unspecified expenses related to the prize, including without limitation and any and all federal, state, income, and local taxes on prize. Winner is not entitled to any surplus between actual retail value of a prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded.
No substitution, transfer, or cash redemption of prize, or cash for any portion of prize not used, shall be given, provided however that the Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Any and all activities related to a prize are at each Winner’s own risk and subject to whatever restrictions are imposed by the entities that govern activities. If a Winner is unable to participate in or accept the prize or any portion of the prize for any reason, Sponsor shall have no further obligation to the Winner. Prizes shall only be delivered to an email address or home address in the United States, provided by the Winner. Limit one prize per person per household.
CONDITIONS. Winner agrees to release, discharge, indemnify, and hold harmless the Sponsor and the Promotion Platforms, and each of their officers, directors, employees, representatives, and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of the prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes. Sponsor reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules, and reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential Winner from among all eligible, non-suspect entries received prior to action taken. Sponsor shall not be liable for: (i) late, lost, delayed, void, corrupted, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or declarations, regardless of the method of transmission; (ii) telephone system, telephone, or computer hardware, software, or other technical malfunctions, bugs, lost connections, disconnections, delays or transmission errors Sweepstakes Entrants may encounter when submitting their entry; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by a prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
GENERAL CONDITIONS. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded.
All hotel reservations and accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. If weather affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. If for any reason whatsoever, winner and/or guests are unable to travel after all travel arrangements to be provided by Sponsor have been made and paid, Sponsor shall have no further obligation to the winner. If the prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, subsidiaries, affiliates, and 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) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property. 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.
WINNER’S LIST AND SWEEPSTAKES RULES. To obtain a copy of these official rules or a winner’s list within 90 days of the end of the Sweepstakes Period send a hand-printed, self- addressed, stamped envelope to SmarterTravel #WeekendGetaway Instagram Sweepstakes, 210 Broadway Suite 202, Cambridge, MA 02139.
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 Commonwealth of Massachusetts. 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 Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.