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StaycationsSuck Contest Official Rules (“Contest Rules”)

LastMinuteTravel.com® StaycationsSuck Contest (the “Contest”) is a skill-based Contest.  The object of this Contest is to create an original submission that best illustrates the theme “StaycationsSuck” and which expesses your personal discontent with your summer “staycation” plans and/or your personal desire for a vacation adventure (“Entry”).  The Entry must be communicated via Twitter or Facebook as specified in Paragraph 3, How to Enter.  Entry eligibility will be judged using the criteria in Paragraph 3, How to Enter, and the judges will select a total of six (6) winners (one (1) winner per week) who will each receive the prize.  References to “you” and “your” refers to an eligible entrant.

No purchase or payment of any kind is necessary to enter or claim prize. A purchase does not increase your chances of winning.  The Contest is open to all legal U.S. residents who are eighteen (18) years and older, except employees of Travel Holdings, Inc. (“Sponsor”), and its respective affiliates, partners, subsidiaries, franchises, distributors, advertising and promotion agencies, and the immediate families or household members of each. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations.  The Contest begins at 12:01 a.m. ET on July 13, 2009 and ends at 11:59 p.m. ET on August 23, 2009 (“Contest Period”).  An Entry must be received by Sponsor within the Contest Period to be eligible.  Any Entry received outside the Contest Period will be disqualified.

In order to be eligible, you must (1) go to www.staycationssuck.com (“Site”), (2) read and abide by the Contest Rules and the Privacy Policy of the Sponsor (located at www.lastminutetravel.com), (3a) register as a LastMinuteTravel.com follower on Twitter (http://twitter.com/LMTTweets)  and send a mention to our account @lmttweets OR (3b) register as a Fan of LastMinuteTravel.com fan page on Facebook at www.facebook.com/LastMinuteTravel and post a message on LastMinuteTravel’s Facebook Fan Page; (4) submit an Entry in the form of text, links to a webpage, or a video  (5) abide by the Terms of Service and Privacy Policy of the third party sites, www.twitter.com and www.facebook.com; and (6) submit your entry during the Contest Period.  All eligible entries received will be judged using the criteria in the Paragraph 6, Judging of the Entries. 

In order to be eligible for submission to Sponsor’s judges, your Entry must meet the following content and technical requirements: (1) the Entry must be original work (2) the Entry can not have been entered in any other contest or previously published; (3) you must have obtained all consents, approvals or licenses required for you to submit your Entry prior to submission, (4) your entry must not otherwise violate the rights of any third party (person or company) by using their trademarks, music, logos, names, likeness, images, or other protected property without their express written consent obtained prior to submission of your Entry; (5) your entry must not contain any obscene, lewd or offensive references or materials; (6) your entry must be complete and legible; and (7) your video entry may not exceed four (4) minutes in length.

Entries become the property of Sponsor and will not be acknowledged or returned.  You are granting to Sponsor an irrevocable, royalty-free, worldwide right (1) to claim ownership of your Entry including any and all rights and benefits associated with such ownership and (2) in Sponsor’s sole discretion, to feature your Entry and all or part of its content in any media or publication now known or later developed.  You agree to sign any necessary documentation that may be required for us and our designees to make use of the rights of ownership that you have granted above.  You waive any claims you may have relating to developments or commissioned materials that are similar or identical to your Entry.  You understand that you will not receive any compensation or credit for use of your Entry other than what is described in these Contest Rules.  Sponsor is not responsible for any unauthorized use of your Entry by third parties.  Sponsor is not responsible for entries that it does not receive for any reason, or for entries that we receive but are not decipherable or legible for any reason.

A panel of two (2) judges will review all eligible entries received and select the winners of each prize based upon the following criteria: 33% creativity, 33% fit to contest theme, and 33% originality.  In case of a tie between two entries, the following criteria will apply: 100% creativity.  Decisions of the panel of judges are final and binding.  If we do not receive a sufficient number of eligible entries, Sponsor may, in its sole discretion, award fewer than six prizes.  The judges’ qualifications include experience in publishing, journalism, travel and/or marketing fields/industries.

During the Contest Period, six (6) entrants may each win roundtrip airfare and hotel accommodations for two people in North America (“prize”).  The winner of the prize (assuming the winner decides to accept the prize) will be solely responsible to pay sales tax on the retail value of the airfare and hotel accommodations, gratuities, transportation other than airfare, and all personal expenditures.  The winner must provide Sponsor with three destination and date options on or before August 31, 2009. Based upon availability, Sponsor may require the winner to provide an additional three destination and/or date options.  The winner of the prize will be required to complete his/her travel/stay before December 31, 2009.  If no entrant completes the entry process within the Contest Period and/or if the winner of the prize chooses not to accept the prize, the prize will be forfeited and will not be carried over or offered to another entrant. The maximum number of winners for the entire Contest Period is six (6).   The average retail value of the prize may vary but shall not exceed $6000.  Winners are solely responsible for the payment of all federal, state and local income and/or excise taxes on prize and all travel/transportation to and from ports, meals, beverages, phone charges, incidentals, and other expenses or costs relating to the prize not expressly set forth above. Winners will be required to provide the Sponsor with a social security number for 1099/income tax filing purposes. Prize is non-transferable and no substitution by winners or cash equivalent is allowed. No amendments shall be made after the travel is booked. Sponsor reserves the right to substitute prize for one of equal or greater value. 

The Sponsor or its designee will notify the winner of the prize.  The winner will be notified via Facebook and/or Twitter as well as a post on www.staycationssuck.com winner’s page prior to August 26, 2009.  If the notification that Sponsor sends is returned as undeliverable, or you are otherwise unreachable for any reason, Sponsor may award the prize to an alternate selected winner.  If there is a dispute as to who is the potential winner, Sponsor will consider the potential winner to be the authorized account holder of the Twitter or Facebook account used to enter the Contest.  Limit of one (1) prize per household throughout the Contest Period.  In order to claim the prize, the winner must (1) provide winner’s email address and full name to Sponsor on or before August 31, 2009 at 5 p.m. Eastern Time, (2) complete and sign an Affidavit of Eligibility and Liability Waiver, and (3) assign or all rights, including copyrights and other property rights, to the Sponsor. (For more details, please see Paragraph 5, Sponsor’s Property Rights and Your Obligations). Unclaimed prizes and/or untimely claims for prizes will not be awarded and will be forfeited.  The Sponsor’s computer (and the screenshots obtained by Sponsor on its computer showing submissions in any format) is the official time keeping devise for the Contest. 

By participating, you release Sponsor and its respective subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prizes, and you release Sponsor and its respective affiliates, subsidiaries, directors, employees and agents, and all others associated with the development and execution of this Contest from any such liability and agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize.  Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Entry materials that have been tampered with or altered, or mass entries or entries generated by use of automated devices are void.  No mechanically reproduced entries are eligible.  Sponsor is not responsible for lost, late, misdirected, garbled, damaged, or illegible entries.  Entry materials that contain disparaging statements about the Sponsor or its competitors, illegal content (i.e. false or untrue statements or claims, violations of intellectual property rights, etc.), non-original works of authorship, obscenity, profanity, discrimination, and/or other inappropriate content are void and will result in disqualification.  By participating in the Contest, you: (i) agree to be bound by these official rules, including all eligibility requirements, (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest, and (iii) guarantee that you have all rights required to use the entry content.  Failure to comply with these official rules may result in disqualification from the Contest.  Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these official rules; and (ii) to suspend, modify or terminate the Contest if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper play of the Contest. Sponsor may seek damages from you or ban you from this Contest and all of Sponsor’s contests, if you attempt to compromise the integrity or legitimacy of the Contest

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR INTERFERE WITH THE OPERATION OF THE CONTEST OR THE SITE ON WHICH THE CONTEST IS OPERATING, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Winners’ List:   For the name of the winners, send a stamped, self-addressed envelope to Travel Holdings, Attn: Administrator LastMinuteTravel.com StaycationsSuck Contest, 220 East Central Pkwy Suite 4000, Altamonte Springs, FL 32701.

Sponsor: Travel Holdings, Inc., 220 East Central Pkwy Suite 4000, Altamonte Springs, FL 32701.