Legal Team - Wed Mar 02 2022
BY ENTERING THIS SWEEPSTAKES, YOU AGREE THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS SWEEPSTAKES WILL BE SHARED WITH THE CONTEST SPONSOR (HOPPER). SPONSOR’S USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO THE SPONSOR’S PRIVACY POLICIES AT THE LINKS PROVIDED BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Sweepstakes ("Sweepstakes") is open worldwide, excluding the Province of Quebec, Puerto Rico and all U.S. territories, possessions and overseas military installation, to all individuals who are at least eighteen (18) years of age or older as of March 3, 2022. The following individuals are not eligible: All employees and contractors of Hopper, Inc. (“Sponsor”) or their affiliates, sales representatives, licensees, judges, representatives, advertising and promotion agencies or agents (all of the foregoing, collectively, “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling (or “step” of each) and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these “Official Rules.”
2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins at 12:00 am ET March 3, 2022 and ends at 11:59 pm PT March 3, 2022 (the “Sweepstakes Period”). The prize, in the form of Carrot Cash, will be awarded on March 4, 2022 to 36 users who complete an entry during the Sweepstakes Period.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: You may enter the Sweepstakes by following Hopper’s account on Instagram, sharing the Sweepstakes post to your story and adding a hashtag to the story (an “Entry”). Each User is entitled to a single Entry, multiple story posts will not constitute multiple entries. Multiple entries will not increase your chances of winning the Prize. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
4. SELECTION OF SWEEPSTAKES WINNER: On March 4, 2022, three (3) Winners will be selected at random to receive US$1,000.00 in Carrot Cash and thirty-three (33) Winners will be selected at random to receive US$500.00 in Carrot Cash to spend on any flight or hotel booking within the Hopper application. The Winners will be selected from all eligible entries who took the required actions during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period.
The Winners will be notified via Instagram Direct Message to the Instagram account used to enter the Sweepstakes. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the Instagram account is registered. The drawing will be conducted by Sponsor, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential Winner's failure to respond to Instagram Direct Message notification within three (3) days after its transmission; (2) a potential Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; (3) a potential Winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission; (4) a potential Winner's failure to validly claim the prize by March 15, 2022 and (5) any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by the Sponsor because of unavailability, in which case a prize of equal or greater value will be awarded.
All taxes on the prize, if any, and other expenses related to accepting and/or using a prize not listed in these rules, including travel to/from the prize, are the sole responsibility of each winner. All prizes will be awarded, provided that they are validly claimed by March 15, 2022 after which no alternate winner will be selected, nor unclaimed prizes awarded.
5. PRIZE RESTRICTIONS: Carrot Cash credit value granted in connection with any Prize will be subject to the Carrot Cash terms and conditions set forth in Hopper’s Terms of Service, Section 8, located at https://www.hopper.com/legal/terms-of-service. Carrot Cash will be available for use for one (1) year (“Prize Period”) from the date when the Prize is awarded and appears in the user’s wallet, and will be available for application toward any flight or hotel booking through the Hopper application. Carrot Cash credit can be used on multiple bookings Any Carrot Cash credit from any prize unused during the Prize period will be forfeited. As set forth in Hopper’s Terms of Service, Carrot Cash credit has no cash value and is not transferable.
6. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant grants to the Sponsor a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant's name, city, state and biographical material (collectively, "Licensed Rights") in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of any Prize Winner.
7. 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, and to conform to all applicable federal, state and local laws and regulations. Sweepstakes Entities are not responsible for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner upon entering the Sweepstakes; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Sweepstakes; (5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize; or (6) any act or omission at any event included as part of any prize. Sponsor does not make any, and hereby disclaim any and all, representations or warranties of any kind, express or implied, regarding any prize, which is awarded “as is”. Participation in the Sweepstakes is at your own risk. 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). 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 or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; 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, or downloading of, computer Sweepstakes information. Sponsor reserves the right to modify these Official Rules in any way or at any time. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of Massachusetts without regard to the conflicts of laws principles of any jurisdiction. Any controversy or claim arising out of or relating to these Official Rules, their enforcement, arbitrability or interpretation, or the Sweepstakes, shall be submitted to final and binding arbitration, to be held in Boston, Massachusetts, before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. Venue with respect to any such disputes not subject to arbitration and for entering judgment of any arbitration award shall be had in the state and federal courts of the State of Massachusetts.
8. PARTICIPANT OBLIGATIONS: By entering, each entrant agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the Sweepstakes or (ii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The winners assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the prize. All taxes are the responsibility of the Prize Winner, who may receive an IRS Form 1099 reflecting the final actual value of the prize, if applicable.
10. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: Hopper, Attn: Instagram Sweepstakes March 2022 Contest, 265 Franklin St, Suite 1702, Boston, MA 02110. Requests for winners' lists must be received no later than three months after the end of the Sweepstakes Period.
11. SPONSOR: Hopper, Inc., 265 Franklin St, Suite 1702, Boston, MA 02110. Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or any travel services provider.
1 Carrot Cash. By using the Hopper Apps and Services, you may receive or earn, or be offered the choice or chance to receive or earn, Hopper Carrot Cash value, discounts, rewards, and/or incentives (herein referred to as “Carrot Cash”) that can be applied by you to certain future bookings and/or purchases via the Apps and Services. Carrot Cash is not the same as cash, storied value, or account credit. Carrot Cash rewards are temporary incentives that may be used only toward certain qualifying purchases by you via the Apps and Services. The receipt and use of any Carrot Cash rewards shall be subject to the terms and conditions and rules and restrictions communicated to you at the time of the offer, grant, and/or receipt of Carrot Cash, and/or as displayed in your Hopper Wallet (as defined below) in connection with each of the Carrot Cash rewards granted to you (“Rules”).
2. Carrot Cash Restrictions. The Rules applicable to Carrot Cash may include: restrictions on the nature of the products, services, and fees to which Carrot Cash may be applied; restrictions on the ability to combine Carrot Cash rewards with other carrot Cash rewards or other promotions or discounts; restrictions on the eligibility of users to receive and apply a Carrot Cash reward. Hopper reserves the right to make changes to the applicable Rules for any Carrot Cash reward at any time. Carrot Cash may be applied only toward bookings of eligible flights and hotels.
3. Expiration. Carrot Cash rewards expire, and will no longer be available for use or redemption, at the time specified in the Rules for each Carrot Cash reward. Hopper may change the expiration period for any Carrot Cash reward, or may terminate and expire the award early, at any time, in its sole discretion. All Carrot Cash rewards expire upon twelve months of inactivity (without any booking or purchase in which Carrot Cash rewards are applied or earned).
4. No Cash Value. Carrot Cash is non-transferrable and has no actual cash value. You have no property interest in Carrot Cash. Carrot Cash may not be redeemed or exchanged for cash. If not used within the time frame specified within the applicable Rules, the Carrot Cash will expire. Hopper may choose to discontinue a published, offered, or granted Carrot Cash reward or incentive offer or program at any time. If your use of the Apps or Services is suspended or terminated by Hopper for any reason, all Carrot Cash rewards will expire immediately. Hopper is not obligated to compensate you for any value associated with expired or discontinued Carrot Cash rewards.
5 Redemption. At the time of purchase, you will have the option to redeem the highest-value Carrot Cash reward applicable to your purchase (“Qualified Reward”). You may only apply the Qualified Reward to any purchase. If you elect not to apply such Qualified Reward, no Carrot Cash reward will be applied to your purchase. If you do elect to apply the Carrot Cash Qualified Reward, and the amount of the purchase is less than the amount of the applied Carrot Cash Qualified Reward, the balance of the applied Carrot Cash Qualified Reward will be terminated and expire. If the applied Carrot Cash Qualified Reward amount is less than the total transaction amount, you authorize Hopper to charge your linked Payment Instrument in your Hopper User account for the remaining transaction amount.
6. No Warranties. Hopper disclaims all express or implied warranties, including warranties of merchantability or fitness for a particular purpose, as to Carrot Cash rewards, to the extent permitted by law. These Carrot Cash terms are subject to change in Hopper’s sole discretion, in accordance with applicable law. Hopper reserves the right to adjust the balance of any Carrot Cash reward in the event of a clerical, billing, or accounting error. Transactions or corrections concerning Carrot Cash may be disputed by contacting Hopper Support within 60 days of the disputed transaction or correction.
7. Carrot Cash Unauthorized Use. Hopper is not responsible for any unauthorized use of Carrot Cash associated with your Hopper User Account. You are solely responsible for loss or unauthorized use of any device from which your Hopper App and User Account may be accessible. To help secure your Carrot Cash, do not share access to your Hopper account with others. If you suspect that someone has accessed your account and/or used your Carrot Cash without authorization, contact Hopper Support at email@example.com, immediately.