1. Introduction: The giveaway referenced below (“Giveaway“) is organized by OpenTable, Inc., located at 1 Montgomery Street, Suite 700, San Francisco, CA 94104 (“OpenTable”).
These rules are the terms and conditions of the Giveaway (“Rules“). By entering the Giveaway, you agree to be bound by these Rules. If you do not agree with these Rules you should not enter the Giveaway. Failure to comply with these Rules may result in disqualification from the Giveaway at KOT’s sole discretion.
2. Key Defined Terms: The capitalized terms below shall have the respective meanings set forth opposite them:
3. Eligibility: You are eligible to enter the Giveaway if you meet the Eligibility Requirements. Employees of KOT or its affiliates and anyone else professionally connected with this Giveaway, and members of their respective immediate families (to include, parent, sibling, spouse and child) are not eligible to win the Prize (as described above). Any such entries will be invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
4. Entry Period: The Giveaway begins on the Start Date and will end on the End Date (“Entry Period“).
5. How to Enter: During the Entry Period, you may enter the Giveaway via the Entry Method described above. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. You must have a public account on Instagram in order to enter. Instagram is free to join. You must abide by Instagram’s terms and conditions.
6. Winner Selection: At the close of the Entry Period, the winner (“Winner”) will be determined by a random drawing from among all eligible entries received. KOT’s decision is final and binding in all matters relating to the Giveaway. Odds of winning depend on the actual number of eligible entries received. Potential winners will be notified by direct message to your Instagram account. If a potential winner is unreachable for 24 hours after the first attempt to contact such winner or, if applicable, is unable to travel, KOT may award the Prize to an alternate entrant. To claim the Prize, the Winner must complete and sign an “Affidavit of Eligibility and Liability Release” within 48 hours of notification or an alternate winner may (in KOT’s sole discretion) be selected. KAYAK and/or OpenTable’s computer shall be the official timekeeper for all matters related to the Giveaway.
7. Prize: The Winner will receive the Prize. The Winner will not receive the difference between actual and approximate retail value. No cash equivalent or alternative prize will be given and the Prize is non-transferable and non-exchangeable, except in KOT’s sole discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. All taxes and other expenses, costs, or fees, including transportation, and accommodations associated with the acceptance and/or use of any Prize are the sole responsibility of the Winner. The Prize is subject to Additional Prize Conditions noted above. Neither KOT nor Booking Holdings Inc. or its affiliates will be responsible for any loss, liability, or damage arising out of Winner’s acceptance or use of any Prize.
8. Winners List: To receive notification of the Winner of the Giveaway, OpenTable will message winners through Instagram DMs. Requests for results must be received within 30 days of the end of the Entry Period.
9. Conditions: By entering the Giveaway, you hereby warrant that all the information submitted by you is true, current and complete. KOT reserves the right to ask for proof of age and evidence to verify the identity of an entrant at any time and may carry out checks of any details provided.
10. Ownership of entries and intellectual property rights: All entries become the property of KOT and will not be acknowledged or returned. By entering the Giveaway, entrants represent, warrant and covenant as applicable (and agree to provide written evidence of such if requested) that: entrant has the permission of any person/venue that is identified or otherwise referred to in the entry; the entry was created by entrant specifically for this Giveaway and has neither been submitted for any other giveaway or promotion, nor received any prize or monies; the entry is the original creation of the entrant and/or entrant has all title, rights, licenses, permission and consents necessary to the entry and to submit it to this Giveaway and to grant all the rights granted to KOT in these Rules (and in any written Agreement signed by entrant), and the exercise thereof by KOT and/or the use by it of the rights granted by entrant, in whole or in part, does not and will not give rise to any alleged or actual liabilities including but not limited to those for disputes or payments of any kind, including without limitation infringement of intellectual property rights, royalties, residuals, attribution, credit, dues, approval or consultation rights, or any rights of participation, attribution, or intentional or negligent infliction of emotional distress, misappropriation, breach of contract, or any other fees, costs, or expenses, arising out of the submission, use, exhibition and/or any other use or exploitation of the entry, in whole and in part, its use by KOT, and the exercise by KOT of the rights granted in these Rules. By entering the Giveaway, entrant grants KOT the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the entry and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval and entrant hereby waives any moral or other rights they may have in the entry that entrant submits in favor of KOT.
11. Content of entries: Entrants warrant that KOT’s reproduction, publishing, displaying, and/or other use of the entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any entry does not comply with these Rules or meet KOT’s standards for any reason, as determined by KOT in its sole discretion, such entry may be rejected as ineligible for consideration and/or deleted. Entries must comply with all applicable laws, rules, and regulations. KOT shall have no obligation to copy, publish, display, or otherwise exploit the entry.
In the event of any fault, mistake, misunderstanding or dispute concerning the validity of the information supplied by the entrant, or the operation of any part of the Giveaway, the decision of KOT shall be final and no correspondence will be entered into.
12. Exclusion of Liability: Neither KOT nor Booking Holdings Inc. or its affiliates accepts responsibility for any fault, malfunction, damage, loss or disappointment suffered by any entrant howsoever arising from participating in the Giveaway or of accepting any Prize whether due to any error, omission, or other cause by KOT, its employees, agents or others, to the fullest extent permitted by law.
By entering the Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless KOT, Booking Holdings Inc. and its affiliates, its promotional partners, and their respective subsidiaries, affiliates, directors, officers, employees and agents (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in any Giveaway and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Giveaway and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize; (c) if selected as the Winner, to the posting of such entrant’s name and/or, if applicable, user name on Kayak and/or OpenTable’s website and the use by Released Parties of such entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Rules and to waive any right to claim any ambiguity or error therein or in the Giveaway itself, and to be bound by all decisions of KOT, which are binding and final. Failure to comply with these conditions may result in disqualification from the Giveaway at KOT’s sole discretion. To the maximum extent permitted by law, and without limiting the foregoing, entrants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more terms by KOT in these Official Rules does not constitute a waiver of any other provision.
IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.”
THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
14. Organizer: The sponsor of the Giveaway is KOT.
15. Non-Affiliation: This Giveaway is in no way organized, sponsored, endorsed, or associated with or by any Prize provider or Instagram.
16. Governing Law: The Giveaway shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. The Federal and State courts located in the county of San Francisco, California will be the exclusive venue for any disputes under the Giveaway, and you hereby consent to the personal jurisdiction of those courts for such purposes.
17. Prohibition and disqualification: KOT reserves the right to permanently disqualify from any Giveaway or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Giveaway or the operation thereof is unlawful and subject to legal action by KOT. KOT may seek damages to the fullest extent permitted by law.
KOT shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond KOT’s control and is not responsible or liable for any expenses incurred as a consequence thereof.
The failure of KOT to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of KOT (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules.
Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
18. Modification or cancellation of these Rules: KOT reserves the right to cancel, modify, or suspend the Giveaway or any element thereof (including, without limitation, these Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Rules). In the event of cancellation, modification, or suspension, KOT reserves the right to select a winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on KOT’s website. KOT may prohibit any entrant or potential entrant from participating in the Giveaway, if such entrant or potential entrant shows a disregard for these Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, KOT, or KOT’s agents or representatives; or behaves in any other disruptive manner (as determined by KOT in its sole discretion). KOT reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Giveaway.
19. ARBITRATION: BY ENTERING THE GIVEAWAY, ENTRANTS AND POTENTIAL WINNERS AGREE THAT EXCLUSIVE JURISDICTION FOR ANY AND ALL DISPUTES OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR RELATED IN ANY WAY TO THE GIVEAWAY, ALL PARTICIPATION THEREIN AND/OR THESE RULES, SHALL BE SUBMITTED TO BINDING ARBITRATION IN SAN FRANCISCO, CA, BEFORE ONE NEUTRAL ARBITRATOR TO BE MUTUALLY AGREED UPON BY BOTH PARTIES. THE PARTIES AGREE TO SHARE EQUALLY IN THE ARBITRATION COSTS INCURRED. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, SEEK INJUNCTIVE RELIEF, OR MAKE ANY OTHER RECOURSE TO JUDICIAL PROCEEDINGS IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS GIVEAWAY ARE HEREBY EXCLUDED, AND ALL PARTICIPANTS EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS.