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Vacation Do-Over Contest Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Eligibility to participate in the Vacation Do-Over Contest (“Contest”) 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 Contest. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, its 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 Contest is void where prohibited and shall be restricted by all applicable federal, state and local laws and regulations that may apply. The Contest is open to legal residents of the 50 United States, the District of Columbia, and Puerto Rico. 

2. Sponsor: The Contest is sponsored by SmarterTravel Media LLC, located at 226 Causeway St, Boston, MA 02114. (“Sponsor”). 

3. Entry Period: The Contest begins at 12:01am Eastern Time on Monday, January 08, 2018 and ends at 11:59pm Eastern Time on Monday, February 19, 2018 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Contest.

4. How to Enter: Visit http://www.surveygizmo.com/s3/4027496/Vacation-Do-Over, enter your vacation mishap and optional photo, email address and zip code (“Entry”). Any content that is deemed fraudulent or violates the Official Rules will be removed, and the member will be disqualified. Any entry received outside of the Entry Period will not be counted. By entering, you (a) Consent to receiving email correspondence from Sponsor their respective parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents and (b) indicate your full and unconditional agreement to these Official Rules and Sponsor’s decisions regarding the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules. Limit one (1) Entry per entrant. Duplicate Entries will not be considered, and creating more than one (1) Entry will not increase your chances of winning.

Each Entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive, royalty-free license to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry in favor of the Sponsor; (iii) agrees to release and hold harmless the Sponsor from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry, the use of the Entry as permitted hereunder or the Contest; and (iv) confirms that he/she is the owner of any photos included in the Entry. The Sponsor reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or remove any Entry, if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the Entry from the Contest.

Photos must meet the guidelines available at https://www.tripadvisorsupport.com/hc/en-us/articles/200615067-Photo-Guidelines

5. Judging Criteria: Submission for the Grand Prize will be judged by Sponsor based on: 

a) Minimum of 250 characters describing the vacation they’d like to re-do (Required) 

b) Magnitude of vacation mishap (50%)

c) Uniqueness (50%)

d) Photo (Optional) 

Preference will be given to Entries that include a photo. 

Submission for the Runner Up Prize will be judged by Sponsor based on:

a) Minimum of 250 characters describing the vacation they’d like to re-do (Required) 

b) Magnitude of vacation mishap (50%)

c) Uniqueness (50%)

d) Photo (Optional) 

e) Social Share (Facebook and/or Twitter) that must include the hashtag #VacationDoOver

Preference will be given to Entries that include a photo. 

6. Potential Winner Requirements: Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability and publicity release within five (5) days of notification. 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 according to the Judging Criteria. Only three (3) alternate potential winners may be contacted. A potential winner who satisfies all of the Contest requirements, including, without limitation, those set forth in this paragraph, will be designated an official winner (each a "Winner").

7. Prize: 

One (1) Grand Prize: $10,000 to put towards a vacation do over.

One (1) Runner Up prize: $500

Total approximate retail value of all prizes: $10,500.00. A Winner will be determined on or about Friday, February 23, 2018. Winner is responsible for paying any income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A Winner 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. Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Winner is responsible for any and all taxes and fees (if any).

Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the airline carrier of choice as detailed in the passenger ticket contract. Travel restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. 

Winner and travel companions must have valid travel documents (e.g., government issued I.D., passport, etc.) along with any other travel requirements in order to travel by plane prior to departure, and failure to do so may result in forfeiture of prize.  Winner and his/her travel companions are solely responsible for satisfying all legally required conditions of travel. 

All expenses and costs associated with prize acceptance and use not expressly stated in the package description are the sole responsibility of Winner.

8. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest; or (b) award the prizes according to the Judging Criteria from among the eligible Entries received up to the time of the impairment. Sponsor reserves the right to extend the Entry Period if it does not receive a sufficient number of Entries (as determined by Sponsor, in its sole discretion) by the date set forth above. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Contest, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure 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. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.

9. Release and Limitations of Liability: By participating in the Contest, you agree to release and hold harmless Sponsor their respective parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents and Media Platforms (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest (including the voting process); (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or damage to persons or property. You further agree that in any cause of action, 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.

10. Privacy: Any personal information you submit as part of the Contest will be treated in accordance with Sponsor’s which can be found here: https://www.oyster.com/about/privacy/. The Contest may be held, hosted, or promoted on social media platforms including but not limited to Facebook, Twitter, LinkedIn, or Instagram and any of their affiliated sites (The "Media Platforms"). By participating in the Contest you hereby agree to adhere to the Terms of Use, Privacy Policy and any other terms governing access to the Media Platforms, their servers, or content. Contest is not sponsored or endorsed by the Media Platforms. 

11. Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Boston, MA. 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Massachusetts. 

12. Contact and Results: To request more information send self-addressed stamped envelope to Cara Sweeney c/o 226 Causeway Street, Third Floor, Boston, MA 02114. Request must be made by January 19, 2018. For the names of the Winners, send a self-addressed stamped envelope to Cara Sweeney c/o 226 Causeway Street, Third Floor, Boston, MA 02114 after February 24, 2017. 

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