“Oyster and SmarterTravel” Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Eligibility to participate in the Sweepstakes or to win prizes is limited to individual persons at least eighteen (18) years of age at the beginning of the Entry Period. Limit one (1) entry per individual. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Registrations or submissions generated by a script, macro or other automated means are void. In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Entrants who disregard these Official Rules are not eligible to participate in or win the Sweepstakes. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, SmarterTravel (“Prize Provider”), their parents, affiliates, subsidiaries, advertising and promotion agencies, or any other company involved with the design, production, execution or distribution of the promotion are also not eligible. The Sponsor's determination of eligibility, in its sole discretion, shall be final. The Sweepstakes is void where prohibited and shall be restricted by all applicable federal, state and local laws and regulations that may apply. The Sweepstakes is open to legal residents of the 50 United States.
2. Sponsor: The Sweepstakes is sponsored by SmarterTravel Media LLC, located at 226 Causeway St, Boston, MA 02114 (“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. Entry Period: The Sweepstakes begins at 9:00:00 AM Eastern Time on Monday, August 20, 2018 and ends at 11:59:59 PM Eastern Time on Friday, August 24, 2018 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor ’s computer is the official time-keeping device for the Sweepstakes.
5. How to Enter: Entrant can enter by following Oyster and SmarterTravel’s Instagram accounts and commenting on the Sweepstakes post during the Entry Period. You may not use an agency or any automated system to enter, and Sponsor reserves the right to disqualify any entries received through such methods. Your entrance into the Sweepstakes constitutes your (a) agreement to these Official Rules and (b) consent to receiving email correspondence from Sponsor, Prize Provider, and their respective parents, subsidiaries, and affiliates. Any comment that is deemed fraudulent or violates the Official Rules will not be counted. Any comment received outside of the Entry Period will not be counted.
6. Drawing: A random drawing (“Drawing”) will be conducted on or about Friday, August 24, 2018. Winner(s) will be selected at random from all eligible entries received. The odds of winning depend on the number of eligible entries received.
7. Notification and Requirements of the Potential Winner: Potential winners will be notified via social media message to the Instagram account corresponding to the entry. Sponsor shall have no liability for any notification that is lost, intercepted, or not received for any reason. For U.S. residents a potential winner will be required to complete and return an Affidavit of Eligibility, liability/publicity release, and a W-9 form. Prize recipients of more than $600 must provide Sponsor with their social security number or applicable tax identification number in accordance with IRS regulations to enable the Sponsor to issue a Form 1099-Misc. For foreign individuals, a potential winner will be required to return an Affidavit of Eligibility, liability/publicity release, and W-8BEN form. If a potential winner fails to complete, sign and return these documents within five (5) business days, an alternate entrant may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate entrants may be contacted. It is the potential winner’s responsibility to determine his/her proper residency status and any failure to provide actuate information may be grounds for disqualification. Sponsor takes no responsibility for the accuracy of the information provided above or by a potential winner and all potential winners are encouraged to speak with their own finical advisor about the potential costs and liabilities associated with accepting the Grand Prize.
8. Grand Prize: One (1) winner (“Winner”) will receive: A $250 Visa gift card from Oyster and a $250 Visa gift card from SmarterTravel (“Prize”)
• Prize subject to availability
The approximate retail value of the Grand Prize is $500.00. Additional expenses are not included as part of the Grand Prize package. The Winner is solely responsible for paying all federal, state, local, and income taxes and any other costs and expenses not expressly covered by Sponsor in these rules. Any prize details not specified above will be determined by Sponsor in its sole discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
A prize may not be assigned or 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, as determined by Sponsor in its sole discretion.
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.
Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or Prize Provider. Winner acknowledges that the Sponsor, Prize Provider, and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
9. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, 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 these Official Rules; or (b) award the prize 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 any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant.
10. Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, Prize Provider, and 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 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.
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 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.
13. Additional Information: For additional information and the names of the Winner (available after August 24, 2018), send a self-addressed, stamped envelope to: Molly Steinkrauss, Smarter Travel Media, 226 Causeway Street, Boston, MA 02114, USA.