TRIPIT "UNSUNG TRAVEL HERO" CONTEST
Important: Please read these rules before entering this online promotion (the "Promotion"). By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF WINNING. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA OVER THE AGE OF 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND CONCUR TECHNOLOGIES, INC. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Limit one (1) entry per person.
2. Disclaimer. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:01 AM (all times Pacific Time) on April 13, 2011 and ends at 11:59 PM on April 22, 2011 (the "Promotion Period"). All entries must be received during the Promotion Period to be eligible to win a prize.
Grand Prize: One grand prize winner will receive the following prize package (in addition to his/her finalist prize package):
• One $500 SpaFinder gift certificate. Approximate retail value ("ARV"): $500. (The grand prize winner is encouraged to give this gift certificate to his/her "unsung travel hero" (discussed below).
Finalist Prizes: Five finalist prize winners will each receive the following prize package:
• A 12-month subscription to the online "TripIt for Business" service for an unlimited number of users at each winner’s current place of employment. ARV: $348 per subscription.
Combined ARV of all Promotion prizes: $2,240.
5. Odds; Taxes; Etc. Odds of winning a prize depend on the number and quality of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded. Prizes returned as undeliverable or otherwise not claimed within thirty (30) days after delivery of notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. All 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).
6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address associated with the entrant's entry message at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address 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 the submitted e-mail address. Each potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. How to Enter. To enter, you must:
• First, be a registered user of the TripIt service. (If you are not a registered user of the TripIt service, simply visit http://www.tripit.com/ to register for free.)
• Second, visit http://blog.tripit.com/2011/04/unsung-travel-hero-promotion.html (“Unsung Travel Hero Blog Post”).
• Third, post a message (the "Entry Message") to the comment section of the Unsung Travel Hero Blog Post which answers the following question (in 100 words or less): who is your unsung travel hero in your office and why? You agree to obtain your unsung travel hero's consent and approval to submit your Entry Message in this Promotion before doing so, along with all other necessary rights and permissions (discussed below). Further, you agree not to submit any Entry Message that contains information that is (a) false or (b) private, embarrassing, or otherwise objectionable to your unsung travel hero.
All entries must be in English. All requested information must be provided for your entry to be valid. Entries become the exclusive property of Sponsor and will not be acknowledged or returned. All entrants and entries are subject to verification by Sponsor.
8. Promotion Rules.
Entries will be judged by a panel of qualified Sponsor employee judges (together, the "Judges") as follows:
• Finalist Judging Period. Beginning on or about April 23, 2011 and ending on April 25, 2011, the Judges will evaluate Entry Messages and select five (5) finalist prize winners from eligible entries based on the Judging Criteria (defined below).
• Grand Prize Judging Period. Beginning on or about April 25, 2011 and ending April 27, 2011, the Judges will evaluate the five (5) finalist prize winning Entry Messages and select the top, grand prize Entry Message based on the Judging Criteria.
Entries will be judged on the following "Judging Criteria":
• The most apt, original, and interesting Entry Message; and
• The most inspirational Entry Message in relation to the unsung travel hero theme.
In the unlikely event of a tie, the winning Entry Message will be determined by the Judges pursuant to the highest score in the following category: the most inspirational Entry Message in relation to the unsung travel hero theme. The finalist prize winners will be notified by e-mail by April 27, 2011. The grand prize winner will be notified by e-mail by April 29, 2011. To claim a prize, each winner should follow the instructions contained in his/her notification, including, by sending an e-mail to Sponsor at Thomas@tripit.com with his/her Entry Message, full name, mailing address, phone number, and other information requested by Sponsor.
Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entries that are inappropriate for any reason, including, without limitation, Entry Messages that contain, depict, describe, mention, or refer to profane, sexually explicity, hateful, defamatory, or discriminatory material or are otherwise not appropriate for or consistent with Sponsor's brand image.
9. Sponsor's License to Entries. You grant to Sponsor, and its successors, assigns, licensees, representatives, and agents, a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Entry Message, or any portion thereof, in any manner, form, media or technology now known or later developed for any commercial or non-commercial purpose. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph.
10. Original Work of Authorship. You hereby represent and warrant that (a) you are eligible to enter the Promotion; (b) your Entry Message is original to you and that you are the owner of all right, title and interest in and to your Entry Message and have the right to grant the rights granted herein or, alternatively, you have obtained all necessary rights and permissions to use and submit your Entry Message in connection with the Promotion and to provide all the rights specified in these Official Rules; and (c) you have the unconditional right to submit your Entry Message to Sponsor pursuant to these Official Rules, and your Entry Message and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law, regulation, contract or the rights or obligations of your unsung travel hero or any other third party, including, without limitation, any copyright, trademark, patent, trade secrets, or any rights of publicity or privacy, or any other intellectual property or proprietary rights, or any confidentiality, corporate social media, or other obligations.
11. General Release. By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
12. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use each winner's name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of such winner's name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
13. Affidavit & Release. As a condition of being awarded any prize, each winner will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
14. Winner List; Rules Request. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after April 27, 2011 and before April 30, 2012 to Sponsor at the address listed below, Attn: Thomas Marks: TripIt "Unsung Travel Hero" Contest Winner List. To obtain a copy of these rules, visit http://www.tripit.com/press/tripit-unsung-travel-hero-contest.com or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Thomas Marks: TripIt "Unsung Travel Hero" Contest Rules Request. Residents of WA and VT may omit return postage.
15. Intellectual Property Notice. CONCUR, the CONCUR logo, TRIPIT and the TRIPIT logo are trademarks of Concur Technologies, Inc. The Promotion and all accompanying materials are copyright © 2011 by Concur Technologies, Inc. All rights reserved.
16. Miscellaneous. The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the state of Washington, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry in the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please e-mail them to email@example.com or send written questions to the address listed below, Attn: Thomas Marks: TripIt "Unsung Travel Hero" Contest Questions.
17. Sponsor: Concur Technologies, Inc., 500 Treat Ave., Suite 100, San Francisco, CA 94110.