SNATCHED – Trip to Hawaii Sweepstakes –Terms & Conditions
SNATCHED – Trip to Hawaii Sweepstakes –Terms & Conditions
Official Rules. SNATCHED/HAWAII Sweepstakes. No Purchase Necessary
NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES FOR EACH PARTICIPATING EVENT. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW.
SNATCHED/HAWAII Sweepstakes (“Sweepstakes”) is sponsored by Atom Tickets LLC ("Sponsor"). The Sweepstakes begins May 17, 2017 at 3:00 pm Pacific Time (PT) and ends May 24, 2017 at 11:59 pm PT.
(1) ELIGIBILITY: Open only to legal residents of the United States (void in Puerto Rico, all other U.S. territories and possessions, and all overseas military installations), 18 years of age or older (as of May 16, 2017). Void in Canada. Employees, officers, directors, agents, representatives, and the immediate family members of Sponsor, Twentieth Century Fox Film Corporation (“Fox”), Travelzoo Inc. (“Travelzoo”) and Four Seasons Hotels Limited ("Four Seasons"), their parent companies, affiliates, subsidiaries, advertising, promotion agencies and promotion partners are not eligible to enter. This Sweepstakes is void where prohibited by law. All federal, state and local laws and regulations apply.
(2) HOW TO ENTER: There are (2) ways to enter the Sweepstakes.
(a) Movie Ticket Purchase Entry: During the Sweepstakes Period, entrants (“Entrant(s)”) will be automatically entered by purchasing one or more tickets to see SNATCHED via the Atom Tickets app or website during the Entry Period. Limit of one entry per Atom account holder during the Entry Period, regardless of the number of tickets purchased or separate purchases made.
(b) Free Method of Entry: Entrants may also participate in the Sweepstakes without purchasing a ticket to SNATCHED. Regardless of method used to enter, there is a limit of (1) entry per Atom account holder during the entire Entry Period. To enter the Sweepstakes without purchasing a ticket to SNATCHED via the Atom Tickets app or website during the Entry Period, an entrant can send a note or a postcard in the mail with your first and last name, date of birth, zip code, e-mail address and the text “ATOM TICKETS SNATCHED/HAWAII SWEEPSTAKES” to: Atom Tickets, attn: Snatched Sweepstakes, 2700 Colorado Avenue, 4th Floor, Santa Monica, CA 90404. Requests must be sent (postmarked) during the Entry Period and received by 5/29/17. All valid requests sent during Entry Period and received by 5/29/17 will be entered into the Sweepstakes drawing. Multiple requests will be deemed one (1) request. Sponsor is not responsible for Illegible, late, lost, incomplete, or garbled entries and such entries are not eligible.
(3) SELECTION OF WINNERS: Winner will be selected by random drawing from all eligible entries during the PERIOD by Sponsor, whose decisions are final in all respects. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by Sponsor via the Entrant’s e-mail address on or about May 31, 2017. If a potential winner cannot be reached after a reasonable effort has been exerted during one (1) day from the date of the first attempt to contact potential winner, or if potential winner is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, an alternate winner may be selected.
(4) PRIZES: GRAND PRIZE: One (1) winner will receive a getaway for two (2) people to the Four Seasons Resort Oahu in Ko Olina, Hawaii. Package includes: Two (2) roundtrip flights from winner’s nearest major US airport to Honolulu including taxes, fees and one item of checked luggage per person, one (1) roundtrip private airport transfers in Honolulu, and three (3) nights stay in one (1) ocean front king room. Package must be booked a minimum of seven days in advance. Blackout dates apply. All offers are subject to availability at time of reservation. Offers are not valid in conjunction with any other offer. All incidental expenses and taxes not specified herein will be the sole responsibility of the Grand Prize Winner, including without limitation, federal and state taxes. Total approximate retail value is $4,999.99.
Coach Flights available from major US airports only; Flights may be indirect and not all routings will be available; Flight itinerary and travel services will be selected by Element (“Prize Provider”) at their sole discretion; A valid credit or debit card will be required for security deposit purposes when checking into hotel accommodation; Prizes are non-transferable and non-refundable; No cash alternative is available; Prize is subject to availability; Prize is valid for 12 months from the date of notification of winning, and travel must be booked and completed within that time frame; All elements of the prize must be taken at the same time; Once booked, the prize cannot be altered or amended; At least one traveler must be aged 21 or over; Where any travelers are aged under 18, they must have prior parental or guardian permission; The prize excludes domestic ground transfers; The prize excludes anything not expressly included in the prize. All US travelers flying domestically will require a valid photo ID approved for air travel; Any necessary visas or insurance are the responsibility of the winner and guests. Winners must contact Element (https://element-london.com/contact/) ([email protected]) with three preferred travel dates no later than six weeks prior to departure. If winner elects to partake in any or all portions of his/her prize with no guest(s), the prize will be awarded to winner and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. If the winner is unable to, or elects not to, use part of the prize, the winner will forfeit that part of the prize package with no compensation or any further liability of the part of Sponsor or Prize Provider. No cash or prize substitution is allowed except at the discretion of the Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater value will be awarded. Prize is not transferable.
PRIZES ARE AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SWEEPSTAKES ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER OR A WINNER’S GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
(5) CONDITIONS: By entering, participants agree to be bound by these complete Official Rules. All federal, state and local laws and regulations apply. All applicable federal, state and local taxes are the responsibility of the prize winner(s). Sponsor, Fox, Travelzoo, Four Seasons, their officers, directors, parent companies, affiliates, subsidiaries and advertising and promotion agencies, and promotion partners (collectively, "Sweepstakes Entities") are not responsible for, (i) late, lost, delayed, damaged, misdirected, incomplete, stolen, postage due or illegible entries; (ii) any injuries, losses, or damages of any kind caused by the prize or resulting from acceptance, possession, or usage of the prize; or (iii) printing, distribution or production errors. Return of prize or prize notification as undeliverable will result in disqualification and an alternate winner may be selected. Entry and/or acceptance of prize(s) constitutes permission for the Sponsor and their agencies to use the winners’ name, address (city and state) and/or likeness for advertising and trade purposes without further compensation or authorization, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation Internet, unless prohibited by law. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law. If, for any reason, the Sweepstakes is not capable of running as originally planned, such as tampering or infection by computer virus, Sponsors at their sole discretion reserve the right to modify, suspend or cancel the Sweepstakes. Void where prohibited.
(6) DISCLAIMERS: Sponsor and Sweepstakes Entities are not liable for losses or injuries of any kind resulting from acceptance/possession and/or use/misuse of prize(s), participation in Sweepstakes, or any technical malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, illegible, or otherwise not in compliance with these Official Rules. Sponsor is not responsible or liable for any injury or damage to an entrant’s or third person’s computer and/or other electronic devices and/or their contents, related to or resulting from Sweepstakes.
(7) COPY OF OFFICIAL RULES/WINNERS LIST: For a copy of the Official Rules or the name of the winners (please specify), send a self-addressed, stamped envelope to: Snatched Hawaii Sweepstakes c/o Atom Tickets, 2700 Colorado Avenue, Santa Monica, CA 90404.
(8) Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
(9) GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. By entering or participating in this Sweepstakes entrants waive the right to claim any ambiguity or error in the Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a prize winner from all eligible, non-suspect entries received prior to such action. Sponsor also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or terms of service of the Sweepstakes platforms, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind 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 this Sweepstakes or in any activity or travel related thereto or from any interaction with computer or mobile Sweepstakes information. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes.
(10) PARTICIPANT OBLIGATIONS: By entering, each entrant agrees THAT THE SWEEPSTAKES ENTITIES AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY GRAND PRIZE. By participating in the Sweepstakes each entrant (including Winners) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Sweepstakes; (ii) receipt or redemption of the Prize; or (iii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the Prize.
(11) FORCE MAJEURE: Released Parties shall not be liable to a Winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Released Parties shall not be liable for any loss or damage to baggage.
(12) BINDING ARBITRATION OF DISPUTES: Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Atom and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER, except where prohibited by law. Pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or relating to the Sweepstakes, the Prize, or other aspect of your interaction with the Sponsor or the website or service where this Sweepstakes appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction with Atom (collectively, “Atom Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By entering the Sweepstakes or engaging in any other Atom Transactions or Relationships, you agree to binding arbitration as provided below.
(a) We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by entering the Sweepstakes or engaging in any other Atom Transactions or Relationships (including the use of any Atom Tickets Properties or Services, as defined in the Terms of Use (“Terms”) located at https://www.atomtickets.com/tos), you agree that any complaint, dispute, or disagreement you may have against the Sponsor, and any claim that the Sponsor may have against you, arising out of, relating to, or connected in any way with the Sweepstakes, the Prize, these Official Rules, Sponsor’s Privacy Policy, or any Atom Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”).
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Atom should be sent to: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, Attention: Legal. After the Notice is received, You and Atom may attempt to resolve the claim or dispute informally. If You and Atom do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and/or these Official Rules. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of Your residence, unless You reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and Atom, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, these Official Rules and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Atom.
(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between You and Atom in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ATOM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(j) Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Atom.
(k) Small Claims Court. Notwithstanding the foregoing, either You or Atom may bring an individual action in small claims court.
(l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.
(13) PERSONAL INFORMATION: The personal information collected through this Sweepstakes is subject to: Sponsor’s Privacy Policy, located at https://www.atomtickets.com/privacy. By entering this Sweepstakes, you agree to the use of your personal information as described in the above Privacy Policy.
(14) SPONSOR: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404.