Rules: Are you America’s “most frustrated traveler”?

Gadling and Capital One Venture’s “Most Frustrated Traveler” Sweepstakes



1. ELIGIBILITY: Gadling and Capital One Venture’s “Most Frustrated Traveler” Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of the fifty (50) United States (including the District of Columbia) who have reached the age of majority in his/her jurisdiction of residence at time of entry (“Entrants”). Employees of AOL Inc., Capital One Bank (USA), N.A., and their advertising or promotion agencies, including Porter Novelli Inc., those involved in the production, development, implementation or handling of Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with Sweepstakes (collectively “Sweepstakes Entities”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. Subject to all federal, state and local laws and regulations.

2. SPONSORS: The Sweepstakes is jointly sponsored by AOL Inc., 770 Broadway, New York, NY 10003 and Capital One Bank (USA), N.A., 1680 Capital One Drive, McLean, VA 22102 (collectively, the “Sponsors”).

3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes each Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsors, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. ENTRY PERIOD: The Sweepstakes begins at 9:00 am Eastern Time (“ET”) on October 25, 2010 and ends at 5:00 pm ET on November 5, 2010 (the “Entry Period”). Entries submitted before or after the Entry Period will be disqualified.

5. ENTRY: During the Entry Period, Entrants can go to and follow the instructions to submit an entry. For an entry to be considered complete, each Entrant must describe in 250 words or less their most frustrating travel moment in the comments section of the Sweepstakes page at Limit one (1) entry per person. Subsequent entries from the same person will be deleted. The use of any agencies or automated software to submit entries will void all entries submitted by that person.

6. DRAWING: On or about November 4, 2010, Sponsors will select the name of one (1) Grand Prize Winner, one (1) Second Prize Winner and three (3) Runner-up Winners in a random drawing of all eligible entries received during the Entry Period. The odds of being selected as a potential winner depend on the number of eligible entries received during the Entry Period.

7. REQUIREMENTS OF THE POTENTIAL WINNERS: A Potential Winner is not a winner until s/he has returned all required documentation and eligibility has been verified by Sponsors. A Potential winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner must respond to the notification e-mail within the timeframe stated in the notification e-mail and provide his/her full name, age and mailing address. Failure of a potential winner to provide this information within the stated timeframe will result in forfeiture of the prize. Except where prohibited, the Potential Grand Prize Winner must sign and return to Sponsors, within five (5) business days of being notified, an affidavit of eligibility, liability/publicity release and IRS W-9 Form in order to claim his/her Prize. The winner’s travel companion(s) must have reached the age of majority in his/her jurisdiction of residence prior to the date of travel (unless travel companion is the minor child of Grand Prize Winners) and will be required to execute and return a Liability Release/Publicity Release prior to issuance of the travel documents. Failure to return documents as specified, or if prize notification is returned as undeliverable, will result in the Entrant being disqualified, and the prize may be awarded to a potential alternate winner in Sponsors’ sole discretion.

8. PRIZES: One (1) Grand Prize Winner will receive a trip for two (2) to the destination of Winner’s choosing (in the continental United States), including roundtrip airfare (within the continental United States) from the major airport nearest the winner’s home and 3 day/2 nights hotel accommodations (standard room/double occupancy). Meals, beverages, gratuities and ground transportation are the responsibility of winner and travel companion. Approximate Retail Value (“ARV”) of the Grand Prize is $3,000. Trip must be taken by October 1, 2011. The ARV may vary based upon dates of travel. The difference between the ARV and actual value of the prize will not be awarded. Travel and accommodations are subject to availability. Certain restrictions and blackout dates may apply. Winner and his/her travel companion must travel together and on the same itinerary and are responsible for obtaining all required travel documents. The winner’s travel companion will be required to execute and return a Liability Release/Publicity Release prior to issuance of the travel documents. The winner and his/her travel companions are responsible for obtaining travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsors have not and will not obtain or provide travel insurance or any other form of insurance.

One (1) Second Prize Winner will receive a hassle-free travel essentials pack consisting of items such as a Garmin GPS and Bose noise canceling headphones. ARV: $1,500.

Three (3) Runner-up Winners will each receive a $100 Marriott Travel Card (subject to issuer’s terms and conditions).
Specifics of all prizes are in Sponsors’ sole discretion. No cash or other substitution may be made, except by the Sponsors, who reserve the right to substitute a prize with another prize of equal or greater value if the prize, or a portion of the prize, is not available for any reason as determined by Sponsors in Sponsors’ sole discretion. Winners are responsible for any taxes and fees associated with receipt or use of a prize.

9. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsors may, in Sponsors’ sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes from among the eligible entries received up to the time of the impairment. Sponsors reserve the right in Sponsors’ sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A potential winner may be required to provide Sponsors with satisfactory proof that s/he is the authorized account holder of the e-mail address associated with the potential winning entry.

10. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sweepstakes Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) for failure to supply the 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(s), terrorist acts, threatened terrorist acts, earthquake(s), war(s), fire(s), flood(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other cause beyond Sponsors’ sole control; or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Entrants participation in the Sweepstakes or receipt or use of any prize. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), 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. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Winner’s and his/her travel companion’s transportation and such contracts shall be solely between the Grand Prize winner, his/her travel companions and such transportation companies. Sweepstakes Entities shall not be parties to such contracts and shall assume no responsibility in this connection. Sweepstakes Entities shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; Entrants further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees and/or experts’ fees and costs. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

11. DISPUTES: Except where prohibited, Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.

12. REQUEST WINNER’S NAME: To request the names of the winners, send a self-addressed stamped envelope to Gadling/Capital One Winner’s List, 22070 Broderick Dr, 12E:D01, Dulles, VA 20166. Requests must be received by November 30, 2010.

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