Social Terms & Conditions
Terms and Conditions for the ‘Christmas Giveaway” Competition (the “Competition”) as advertised on www.holidayswap.com, and Holiday Swap’s Facebook and Instagram accounts.
- This Competition is open to all registered and active users of the Holiday Swap App. User must not have an inactive profile (without images). There is no requirement to have completed a ‘swap’ to be eligible to enter this Competition.
- All Competition entrants must be over the age of 18 at the time of entry.
- This Competition is not open to employees, agents or other representatives of Holiday Swapping Limited or their immediate families.
- Individuals meeting these requirements are hereinafter referred to as the “Entrants”.
Entering the Competition
- To enter the competition, entrants must:
- Register with Holiday Swap and create an active profile;
- Tag the name of a friend, partner, or family member (the “Travel Companion“) they wish to take with them along in the comments section on the sponsored competition post on Facebook or Instagram (hereinafter, the “Entry” or “Entries”);
- The Travel Companion must be 18 years old or over at the time of entry. One entry per each comment;
- Follow Holiday Swap and/or Holiday Swap Latam Instagram pages at the time the Competition draw is made;
- Entrants may make more than one (1) Entry on each social media platform.
- All Entries must be submitted by no later than 23:59 CST on October 31, 2019. Entries received after this date will not be accepted.
The Giveaway Prize
- The prize is a trip across several cities in Europe, worth over $3,500 USD for two (2) persons. Only the winning Entrant with the Travel Companion named in the winning post (together, the “Winners“) are eligible to claim the prize. Holiday Swap will cover the following expenses:
- Flights and/or trains agreed upon by Holiday Swap and the Winners;
- Accommodation agreed upon by Holiday Swap and the Winners;
- Spending money agreed upon by Holiday Swap and the Winners.
All expenses are allotted and capped at the sole and absolute discretion of Holiday Swap. The Winners may not request additional amounts and all agreed upon expenses shall be reasonable for both parties. Holiday Swap may at any time before the travel plans are agreed in writing between both parties, change, alter or modify the prize and it’s value, in its sole and absolute discretion. Holiday Swap agrees to provide notice of any changes to the Winner via electronic mail.
- The giveaway dates are November 1, 2019 to December 31, 2019. These dates may not be amended.
- The Prize is non-transferable in any circumstance.
- The Winners will be chosen randomly by Holiday Swap, and within Holiday Swap’s own discretion, from all Entries on November 1, 2019 and the Winners will be contacted within twenty four (24) hours by message on social media to their account they entered with, from the official Holiday Swap account. The Winner must confirm receipt by email within forty-eight (48) hours or they will be deemed to have forfeited the Prize and another Entrant will be chosen. The Winners will then liaise with Holiday Swap to complete the booking.
- For the avoidance of doubt, the prize does not include:
- Visas or other arrival taxes and/or fees;
- Travel insurance;
- General travel expenses.
- It is the responsibility of the Entrant to ensure:
- That they, and their nominated Travel Companion, are eligible to travel to the winning destination and have the valid travel documents (or can receive the appropriate travel documents), visas or any other items required (for the avoidance of any doubt, Entrants and Travel Companions must be eligible to travel freely within all countries within the European Union); and
- That they have adequate travel insurance to cover any delays, cancellations, injuries or any other loss howsoever caused. Any delays, cancellations, injuries or any other loss or damages is not the responsible of any employee, agent, or the company itself for Holiday Swap.
- The Winners may be required by Holiday Swap to participate in publicity for Holiday Swap including photo, recording, video and/or film session(s). In this regard the Entrant agrees that (and will procure agreement from their Travel Companion that) Holiday Swap shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner Holiday Swap sees fit.
- Entrants agree that Holiday Swap have the right to publish, use, share, repost, communicate any photographs, videos, social media posts and stories (collectively, “Content”), in relation to the Competition, in any media without restriction or limitation throughout the world and not only for the purposes of this specific Competition. The Entrants and Winners agree to grant Holiday Swap with an irrevocable, world-wide license to all content related to this Competition and the Prize (including, but not limited to, the Winners Content when partaking in the Prize). Entrants agree not to bring any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property or intellectual property rights of any sort from Holiday Swap’s use of their Photograph.
Exclusion of Liability
- Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
- To the fullest extent permitted by law, Holiday Swap excludes and shall not have any liability to any Entrant or Travel Companion in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing in these terms and conditions shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence.
- Events may occur which render the prize impossible due to reasons beyond the control of Holiday Swap and accordingly Holiday Swap may at its absolute discretion vary or amend the promotion without liability.
- By entering the Competition, the Entrant indemnifies Holiday Swap against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein. It will be requirement of winning any prize that the Travel Companion provides an equivalent indemnity.
- Holiday Swap will not be held liable for any technical fault in the submission of entries.
- By entering the Competition, Entrants agree to be bound by these terms and conditions. Failure to comply with any of these rules may result in the disqualification of the Entrant. Holiday Swap reserves the right to disqualify any Entry at their absolute discretion.
- In the event that any provision of these Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
- These Terms shall be construed in accordance with and governed by the laws of England and Wales.