Congratulations to the winners of KAYAK’s Now You’re Travelling promotion!
First prize: @sammyackerley
Runner-ups: @wanderingspoonie, @angelmortimer_, @sallymcbrydee
1. Introduction: The prize draw referenced below (“Promotion”) is organised by KAYAK Software Corporation, with its registered office at 7 Market Street, Stamford CT 06902, United States (“KAYAK”).
These rules are the terms and conditions of the Promotion (“Rules”). By entering the Promotion, you agree to be bound by these Rules. If you do not agree with any of the Rules then you should not enter the Promotion. Failure to comply with these Rules may result in disqualification from the Promotion at KAYAK’s sole discretion.
2. Key Defined Terms: The capitalised terms below shall have the respective meanings set forth opposite them:
| Term: | Definition: |
| Promotion: | KAYAK Now You’re Travelling Promotion |
| Start Date: | 10 October 2022 at 09:00 AEDT |
| End Date: | 11 November 2022 at 23:59 AEDT |
| Entry Method:
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To enter the Promotion during the Entry Period:
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| Social Media Platforms: | Enter the Prize Draw on either of the following Social Media Platforms:
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| Eligibility Requirements: | 18 years or older and Australian resident. Also refer to “Method of Entry” above. |
| Number of Winners: | Four (4) |
| Prize: | Four (4) winners will be selected based on the creativity of their comment. The prizes to be awarded are as follows:
Total value for all prizes: AUD$10,000 |
| Additional Prize Conditions: | Visa Gift Card can be used anywhere Visa is accepted. See Visa Gift Card for expiry date. Use of Gift Card also subject to terms and conditions of provider. Full terms and conditions will be on the back of the gift card. |
3. Eligibility: You are eligible to enter the Promotion if you meet the Eligibility Requirements. Employees of KAYAK or its subsidiaries and anyone else professionally connected with this Promotion, and members of their respective immediate families (to include, parent, sibling, spouse and child) are not eligible to win the Prize(s) (as defined below). Any such entries will be invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
4. Entry Period: The Promotion 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 Promotion via the Entry Method. Limit one (1) entry per person. Proof of sending will not be considered proof of receipt. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods. You must have an account on the applicable Social Media Platform(s) identified above in order to enter via such Social Media Platform. The Social Media Platform(s) identified above is/are free to join. You must abide by the terms of any Social Media Platform through which you enter the Promotion.
6. Winner Selection: At the close of the Entry Period, the winners (“Winners”) will be determined based on the skill and creativity of their comment. The winners will be judged by a panel of KAYAK employees. KAYAK’s decision is final and binding in all matters relating to the Promotion. Odds of winning will depend on creativity of response and the actual number of eligible entries received. Potential winners will be notified on 11 November, 2022 by direct message via the Social Media Platform. Depending on the nature of the Prize, the Winner’s name and country of residence may be published on KAYAK’s website. By entering this Promotion, each entrant requests that his or her full address not be published. To claim the Prize, a potential winner must complete and sign a “Confirmation of Eligibility and Publicity Consent” (“Consent”). If a potential winner: (1) is unreachable for three months after reasonable attempts to contact such winner; (2) does not contact KAYAK; (3) if applicable, is unable to attend; or (4) fails to complete and sign a Consent, such Winner’s entry will be deemed invalid and KAYAK may deem the next most creative comment as a Winner and award the Prize to an alternate entrant. Such additional. KAYAK’s computer shall be the official timekeeper for all matters related to the Promotion.
7. Prize: The Winner will receive one of the Prizes, each of which will be awarded based on the creativity of their post. The Winner will not receive the difference between actual and approximate retail value. A cash equivalent or alternative prize of equal or higher value as determined by KAYAK (subject to the approval of the relevant gaming authority, if required) may be given by KAYAK in its sole discretion in the event the Prize and/or its sponsor becomes unavailable for any reason. The Prize is non-transferable and non-exchangeable, except in KAYAK’s sole discretion. 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(s). The Prize may also be subject to Additional Prize Conditions, if any, noted above.
8. Winners List: To receive a list of Winner(s) for the Promotion, please make a request via https://www.kayak.com.au/feedback/form. Requests for results must be received within 30 days of the end of the Entry Period.
9. Conditions: By entering the Promotion, you hereby warrant that all the information submitted by you is true, current and complete. KAYAK reserves the right to ask for proof of age and evidence, accepted at KAYAK’s discretion, 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 KAYAK and will not be acknowledged or returned. By entering the Promotion, entrants grant KAYAK the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, communicate to the public, 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 you hereby waive all moral rights to which you may be entitled under applicable copyright legislation from time to time in force anywhere in the world.
By entering the Promotion, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators, if selected as a Winner, to the posting of such entrant’s name and/or user name on the KAYAK website (if applicable) and the use by KAYAK and its affiliates and their respective officers, directors, and employees (collectively, “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.
11. Content of entries: You must have the permission of any person that you identify or otherwise refer to in your entry. Entrants warrant that they have the sole and exclusive right to grant such rights to KAYAK and that KAYAK’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, intentional or negligent infliction of emotional distress, breach of confidence 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 KAYAK ‘s standards for any reason, as determined by KAYAK 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. KAYAK 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 Promotion, the decision of KAYAK shall be final and no correspondence will be entered into.
12. Exclusion of Liability: KAYAK does not accept responsibility for any fault, malfunction, damage, liability, loss or disappointment suffered by any entrant howsoever arising from participating in the Promotion or of accepting any Prize except where it is caused by the negligence of KAYAK, its employees, agents or others, to the fullest extent permitted by law (in which case that liability is limited to the minimum allowable by law). KAYAK shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Promotion due to reasons beyond KAYAK’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The failure of KAYAK to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, pandemic, actions of governmental authorities outside of the control of KAYAK (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law.
Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. KAYAK is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought.
13. Use of Data: KAYAK will be collecting personal data about entrants in accordance with its privacy policy. Please review KAYAK’s privacy policy here. By participating in the Promotion, entrants hereby agree to KAYAK’s collection and usage of their personal information in order to administer the Promotion and as described in these Rules and acknowledge that they have read and accepted KAYAK’s privacy policy.
14. Organiser: The sponsor of the Promotion is Hotels Combined Pty Ltd.
15. Non-Affiliation: This Promotion is in no way organised, sponsored, endorsed, or associated with or by any Prize provider or Social Media Platform. You release the Social Media platform from any responsibility it may owe You by participating in this Promotion.
16. Governing Law: The Promotion shall be governed by and construed in accordance with the laws of New South Wales, Australia.
17. Prohibition and disqualification: KAYAK reserves the right to permanently disqualify from any Promotion or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Promotion or the operation thereof is unlawful and subject to legal action by KAYAK, who may seek damages to the fullest extent permitted by law.
KAYAK may prohibit any entrant or potential entrant from participating in the Promotion, 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, KAYAK, or KAYAK’s agents or representatives; or behaves in any other disruptive manner (as determined by KAYAK in their sole discretion).
18. Modification or cancelation of these Rules: KAYAK reserves the right to cancel, modify, or suspend the Promotion or any element thereof (including, without limitation, these Rules) if required (including, without limitation, in the event of any unavailability of prizes or sponsors, insufficient or incomplete entries, any event of force majeure (described in paragraph 12 above) any interference with the Promotion by any entrant or third party or any reason outside KAYAK’s reasonable control). In the event of cancellation, modification, or suspension, KAYAK reserves the right to select alternate winners 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 KAYAK’s website. KAYAK reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
