NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. A TWITTER ACCOUNT IN GOOD STANDING IS REQUIRED. VOID WHERE PROHIBITED.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES
GetYourGuide Deutschland GmbH, Sonnenburger Str. 73, 10437 Berlin, Germany (“Sponsor”).
#DogeToTheEarth Sweepstakes (THE “SWEEPSTAKES”) IS OPEN AND OFFERED ONLY TO LEGAL RESIDENTS OF 49 UNITED STATES AND THE DISTRICT OF COLUMBIA, RHODE ISLAND IS EXCLUDED, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND WHO HAVE A TWITTER ACCOUNT IN GOOD STANDING. Employees, officers, and directors of Sponsor and its parent entities, subsidiaries and affiliated companies (collectively, “Sweepstakes Entities”), as well as advertising, sweepstakes, or production agencies or partners (and their respective dependents, immediate family members, including children, spouse, parents, siblings and their respective spouses, regardless of where they reside, and individuals residing in their same household, whether or not related) are not eligible to participate or win. Entry into the Sweepstakes does not constitute entry into any other contest or sweepstakes. The Sweepstakes shall be subject to all applicable federal, state, municipal, local laws and regulations and these Official Rules and by entering, the entrant (“Entrant”) agrees that he or she has read these Official Rules, the Twitter terms and policies, and agrees to abide by and to be bound by the terms and conditions of the Official Rules, Twitter terms and policies, and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render Entrant ineligible.
3. ENTRY PERIOD:
The Sweepstakes begins on July 13, 2021 at 2:00:00 PM Eastern Time (“ET”) and ends at 11:59:59 PM PT on July 27, 2021 (the “Sweepstakes Period”).
4. HOW TO ENTER:
To enter the Sweepstakes, Entrant must be a registered member of Twitter with an account in good standing. To become a registered member of Twitter (registration is free), go to www.twitter.com and follow the instructions to become a registered member and create an account (“Account”). Once registered for an Account, to enter the Sweepstakes the Entrant must, during the Sweepstakes Period: (a) log into his/her Twitter Account, and (b) retweet or reply (1) @getyourguide tweet from the #dogetoTheEarth campaign that is directed to one of the following celebrities: The Doge Father, Snoop Doge, The Mayor of Flavortown and Cubano. The retweet or reply constitutes (1) entry into the Sweepstakes (“Entry”).
Limit one (1) Entry per Twitter Account (regardless of whether one (1) person has more than one (1) Twitter Account/e‐mail address or more than one (1) person uses the same Twitter Account/e-mail address) during the Sweepstakes Period. Entries must be received by 11:59:59 PM PT on July 25, 2021 to be eligible for the Sweepstakes.
Any attempt by any Entrant to enter by using multiple/different Twitter Accounts, identities, registrations and logins, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Twitter Account from which the Entry was submitted. “Authorized account holder” is defined as the natural person who is assigned the e-‐mail address used to create the Twitter Account associated with an Entry, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-‐mail addresses for the domain associated with relevant e-‐mail address. No automatically generated Entries will be accepted.
5. RANDOM DRAWING AND WINNER NOTIFICATION:
There will be one (1) grand prize winner in this Sweepstakes (the “Grand Prize Winner” or “Winner”). Following the end of the Sweepstakes Period, one (1) potential Grand Prize Winner (the “Potential Winner”) will be randomly selected from among all eligible Entries received throughout the Sweepstakes Period. Potential Winner will receive an initial notification by Sponsor via a comment with @reply to their Twitter Entry post on or about July 25, 2021. Entrant must have his/her Twitter Account set to “Public” and not “Private” so that Administrator and/or Sponsor may be able to contact Entrant in the event that Entrant is a Potential Winner. It is each Entrant’s responsibility to timely check his/her Twitter Account for any comments, @replies, from Sponsor and to ensure that Entrant’s Twitter Account settings allow Entrant to receive comments and/or replies from Sponsor. Potential Winner will be required to be in contact with Sponsor, after receiving the initial notification within seventy-‐two (72) hours to begin the Winner verification process. The Potential Winner must meet all eligibility requirements and will be required to provide their Tax Identification number, proof of U.S. residency, sign an affidavit of eligibility, and publicity and liability release, and work with any travel companion(s) to sign their Guest (defined below in Section 7) release(s), or such other documents as Sponsor deems necessary, in its sole discretion (collectively, the “Prize Claim Documents”), each of which must be completed, signed and returned within five (5) days from date of issuance, or the Prize (defined below in Section 7) may be forfeited and may be awarded to an alternate Winner.. If any Prize notification or attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Winner. By accepting the Prize, Winner represents and warrants he or she is in compliance with these Official Rules.
At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [a] Potential Winner’s failure to respond to initial notification within seventy-‐two (72) hours after its transmission; [b] the failure of notification due to deactivation of the Potential Winner’s Twitter Account prior to receipt of notification; [c] Potential Winner’s failure to respond to Sponsor’s or Administrator’s comment and direction; [d] Potential Winner’s Twitter Account “privacy” is set so that the Potential Winner’s updates/responses/comments may not be visible by Sponsor; [e] Potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [f] Potential Winner’s failure to execute and return the Prize Claim Documents within five (5) days after they are e-mailed or mailed to the Potential Winner; [g] Potential Winner’s failure to validly claim the Prize by July 30, 2021; and [i] any other non-compliance with these Official Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner. Once a Potential Winner has completed all requirements in these Official Rules and been verified by Sponsor, he or she will be declared the Winner. Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period.
One (1) Prize Winner will receive (a) a $1,000 GetYourGuide experiences voucher, (b) up to $1,250 for airfare and travel booked by the authorized designee; (c), a voucher of $1,250 from hotels.com; (d) a $500 VISA gift card for expenses. If Winner directs Sponsor’s authorized designee to book travel that exceeds $1,250 in value, Winner will be required to pay the excess amount. The trip (“Trip”) must be taken within one year after the Prize Winner receives the Prize.
7. PRIZE CONDITIONS:
The Winner’s Guest(s), if any, must complete and return any paperwork required by Sponsor, including but not limited to a liability or publicity release.
Group hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Grand Prize. It is the responsibility of the Group to arrive at the designated gateway airport in time for each flight that is part of the Grand Prize.
The Group is responsible for all in-‐room charges (e.g., mini-‐bar, movies), transportation not specified herein, telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Official Rules. The Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to the Group will be the responsibility of the Winner. All members of the Group will be required to provide a valid government issued photo ID at time of travel as required by airport security. Photo identification and credit card or cash deposit may be required at check-‐in for incidental and/or in-room charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize).
Released Parties (defined below in Section 9) bear no responsibility if any event, element or detail of the Trip is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, Released Parties shall have no obligation to the Winner aside from providing the travel portion of the Grand Prize, minus any unavailable event, element or detail. The Group shall be subject to all terms and conditions printed on any ticket and gift card issued in conjunction with the Grand Prize. In the event the Winner and/or Guest(s) are denied entry into any ticketed location or is removed or barred from any ticketed location for any other reason, Released Parties are not responsible and no further compensation or award will be provided.
The Group must travel on the same itinerary. If Winner chooses not to bring a Guest the Trip will be awarded in increments suitable for the actual number of travelers with no substitute prize or compensation being provided to Winner. Winner may not charge the Guest for participating in the Trip. Airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code share flights may be used. No one-way trips or upgrades allowed. Unless otherwise necessitated by Sponsor, no stopovers are permitted on tickets issued as part of the Grand Prize; if a stopover otherwise occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining Trip segment(s), including the return. Winner is solely responsible for any and all excess baggage charges, taxes and any other charges incurred after or in connection with the issuance of airline tickets.
In the event the Grand Prize cannot be awarded as stated, that Grand Prize will go unawarded. Costs and expenses associated with Grand Prize acceptance and use not specifically stated herein as being provided are the sole responsibility of the Winner. The Grand Prize is not redeemable for cash and is subject to availability, non‐transferable, non-negotiable, non-refundable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize (or any element thereof) for one of equal or greater value for any reason. All federal, state and local taxes are solely the responsibility of the Winner. Winner will receive an IRS Form 1099-MISC reflecting the final actual value of his/her Prize. Grand Prize will be awarded provided it is validly claimed by July 30, 2021, after which no alternate Winner will be selected, nor unclaimed Grand Prize awarded.
The Released Parties make no warranties concerning the Grand Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GRAND PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-‐INFRINGEMENT.
8. PRIVACY POLICIES AND DATA COLLECTIONS:
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter. Twitter is a registered trademark.
9. CONDITIONS OF PARTICIPATION:
By entering this Sweepstakes and/or accepting any Prize you may win, Entrant agrees that: [a] Entrant will be bound by these Official Rules and the Sponsor’s decisions, which shall be final in all respects; [b] the Entry will not be acknowledged or returned; [c] Entrant releases and holds harmless each of the Sweepstakes Entities, Twitter, and any other organization responsible for sponsoring, fulfilling, administering, advertising or promoting this Sweepstakes, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the “Released Parties”) from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Sweepstakes or any Sweepstakes-‐related activity, or from any interaction with, or downloading of, computer information; [d] Winner’s acceptance of a Prize constitutes the grant to Sponsor and assignment of an unconditional right to use Winner’s Twitter handle, name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the Sweepstakes and/or live and taped performances of interviews for any programming, publicity, advertising and Sweepstakes purposes without additional compensation, except where prohibited by law; [e] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-‐national authority, war, national emergency, accident, fire, riot, strikes, lock-‐outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select potential Winner by such method as Sponsor in its sole discretion shall consider equitable from all eligible Entries received prior to such termination or suspension; [f] the Released Parties are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software and for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: human errors, errors in the advertising, these Official Rules, selection and announcement of the Winner and distribution of the Prize; [g] the Released Parties are not responsible for any inability of the Winner to accept or use the Prize (or any portion thereof) for any reason; [h] Sponsor has the right to modify Prize award procedures at its sole discretion; [i] the Released Parties are not responsible for changes to Twitter functions that may interfere with the Sweepstakes or Entrant’s ability to timely enter; and [j] Released Parties are not responsible for any failure of delivery of potential Winner notification.
10. LIMITATIONS ON LIABILITY:
Released Parties are not responsible for (i) illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-‐delivered, misdirected, or stolen Entries; (ii) incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-‐line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; (iii) unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or (v) any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-‐related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes or Account used, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other sweepstakes offered by Sponsor. Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer, electronic device or mobile device related to or resulting from participating in this Sweepstakes or downloading materials from Twitter. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-‐line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to an Entrant’s or other person’s system or equipment occasioned by participation in this Sweepstakes.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SPONSOR WILL NOT BE LIABLE TO ENTRANT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SPONSOR WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY STATED HEREIN. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SPONSOR’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES (WHEN AGGREGATED WITH SPONSOR’S LIABILITY FOR ALL OTHER CLAIMS ARISING OUT OF THIS SWEEPSTAKES) EXCEED TEN THOUSAND U.S. DOLLARS (US$10,000). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING PROVISIONS REPRESENT A REASONABLE ALLOCATION OF RISK AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT ABSENT SUCH PROVISIONS.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, other than those concerning the administration of the Sweepstakes or the determination of Winner, shall be resolved individually, without resort to any form of class action; AND (b) any and all claims, judgments and awards shall be limited to actual out-‐of-‐pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Entrant hereby knowingly and voluntarily waives any and all rights or benefits that he/she may now have, or in the future may have, under the terms of section 1542 of the California Civil Code, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
12. OFFICIAL RULES/WINNERS LIST:
For an official Winners list or a copy of these Official Rules send an email to: GetYourGuide – WINNERS LIST <OR> OFFICIAL RULES (please specify official Winner’s list or Official Rules), firstname.lastname@example.org. Residents of Vermont may omit return postage on all requests. Official Rules may also be obtained during the Sweepstakes Period at https://www.getyourguide.com/magazine/2021/07/dogetotheearth-getyourguide-official-rules/