OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. AN INSTAGRAM ™ ACCOUNT IN GOOD STANDING IS REQUIRED. VOID WHERE PROHIBITED.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
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 SPONSOR, AND NOT TO INSTAGRAM OR OTHER SOCIAL NETWORK OR PLATFORM.
By participating in Leslie Jordan’s Tour Sweepstakes (“Sweepstakes”) , you unconditionally accept and agree to comply with and abide by these Official Rules (“Official Rules”) and the decisions of the Sponsor, which shall be final and binding in all respects. All applicable federal, state, and local laws and regulations apply.
1. SPONSOR: GetYourGuide Deutschland GmbH, Sonnenburger Str. 73, 10437 Berlin, Germany (“Sponsor”).
2. ELIGIBILITY: 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 INSTAGRAM™ 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 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 they have read these Official Rules, the Instagram™ terms and policies, and agrees to abide by and to be bound by the terms and conditions of the Official Rules, Instagram™ 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 11, 2022 at 3:00pm EST and ends at 11:59pm EST on July 19, 2022 (the “Sweepstakes Period”).
4. HOW TO ENTER: To enter the Sweepstakes, Entrant must be a registered member of Instagram™ with an account in good standing. To become a registered member of Instagram™ (registration is free), go to https://www.instagram.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 their Account, and (b) follow @GetYourGuide on Instagram™, (c) comment below the post with the NYC landmark they’d like to see during the bus tour in NYC with Leslie Jordan and tag a friend they’d love to bring along. The follow, tag and comment constitute one (1) entry into the Sweepstakes (“Entry”).
Limit one (1) Entry per Account (regardless of whether one (1) person has more than one (1) Account/e‐mail address or more than one (1) person uses the same Account/email address) during the Sweepstakes Period. Entries must be received by 11:59pm EST on July 19, 2022 to be eligible for the Sweepstakes.
Any attempt by any Entrant to enter by using multiple/different 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 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 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 addresses.
5. RANDOM DRAWING AND WINNER NOTIFICATION:
There will be one (1) Prize winner in this Sweepstakes (the “Winner”). Following the end of the Sweepstakes Period, one (1) potential 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 Instagram DM. Administrator and/or Sponsor must be able to contact Entrant in the event that Entrant is a Potential Winner. It is each Entrant’s responsibility to timely check account for any comments, @replies or messages from Sponsor and to ensure that Entrant’s Instagram™ settings allow Entrant to receive comments, messages 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 that they are 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 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 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 emailed or mailed to the Potential Winner; (g) Potential Winner’s failure to validly claim the Prize; and (h) 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, they will be declared the Winner. Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period.
7. PRIZE:
One Winner will receive one (1) US$500 experience voucher to be used on the GetYourGuide platform and a two (2) day trip to NY city for themselves and a guest of their choosing, including a voucher from TripGift with US$2000 to cover flights and US$800 to cover two (2) hotel nights. Winner will also have access to our private ticket sale to Leslie Jordan’s tour (the “Prize”). All other expenses not expressly listed in these Official Rules are the sole responsibility of the Winner.
8. PRIZE CONDITIONS:
The Winner must complete and return any paperwork required by Sponsor, including but not limited to a liability or publicity release.
Winner 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 Prize.
The Winner is solely responsible for paying all costs and expenses not expressly set forth herein, including but not limited to, all in‐room charges (e.g., mini‐bar, movies), transportation, telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Official Rules. Any damage to the room attributed to the Winner will be the responsibility of the Winner.
Released Parties (defined below in Section 9) bear no responsibility if any event, element or detail of the Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Prize become unavailable, Released Parties shall have no obligation to the Winner aside from providing the Prize, minus any unavailable event, element or detail. The Winner shall be subject to all terms and conditions printed on any ticket and gift card issued in conjunction with the Prize. In the event the Winner is 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.
In the event the Prize cannot be awarded as stated, that Prize will go unawarded. Costs and expenses associated with Prize acceptance and use not specifically stated herein as being provided are the sole responsibility of the Winner. The Prize is not redeemable for cash and is subject to availability, nontransferable, non-negotiable, nonrefundable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the 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. If applicable and required by law, Winner will receive an IRS Form 1099-MISC reflecting the final actual value of the Prize.
The Released Parties make no warranties concerning the Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE 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.
9. PRIVACY POLICIES AND DATA COLLECTIONS:
By entering this Sweepstakes, each Entrant agrees that the Sponsor has the right to contact the Entrant via the Account used to post the Entry in order to administer and fulfill this Sweepstakes and agrees to Sponsor’s privacy policy and use of information it collects. Sponsor will collect some information about the Entrant. Check out Sponsor’s privacy policy at https://www.getyourguide.com/privacy_policy. Information provided by Entrant for this Sweepstakes during the entry process is subject to Sponsor’s privacy policy.
10. 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, Sponsor, Instagram™, 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 Instagram™ 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; (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) the Released Parties are not responsible for changes to Instagram™ functions that may interfere with the Sweepstakes or Entrant’s ability to timely enter; and (i) Released Parties are not responsible for any failure of delivery of potential Winner notification.
By participating, Entrant agrees that their Entry may be shared on social media sites or other websites by the Sponsor.
11. LIMITATIONS ON LIABILITY:
Except where prohibited, by participating in the Sweepstakes, Entrants agree to release and hold harmless Sweepstakes Entities, 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 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, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of registrations; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt, use or misuse of any prize. Entrant further agrees 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. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Sweepstakes Entry, if it is possible. If the Sweepstakes has been discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
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 ONE THOUSAND U.S. DOLLARS (US$1,000). 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.
12. DISPUTES:
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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. If the Entrant is a California resident, the Entrant hereby knowingly and voluntarily waives any and all rights or benefits that he/she/they 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.”
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE 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 REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
14. OFFICIAL RULES/WINNERS LIST: For the first name, last initial, city and state of the Winners or a copy of these Official Rules: (please specify official Sweepstakes Winners List), please send an email to comms@getyourguide.com. Requests must be sent within four (4) weeks of the end of the Sweepstakes Period.
