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OpenTable Bohemia Prize Draw: TERMS AND CONDITIONS
1. Introduction: The OpenTable Bohemia Prize Draw ("Prize Draw") is organised by OpenTable International Limited ("OpenTable"), with registered office at Alphabeta Building, 14-18 Finsbury Square, London, EC2A 1AH, UK, and company number 3914016. These rules are the terms and conditions of the Prize Draw ("Rules"). By entering the Prize Draw, you agree to be bound by these Rules. If you do not agree with any of the Rules then you should not enter the Prize Draw. Failure to comply with these Rules may result in disqualification from the Prize Draw at OpenTable’s sole discretion.
2. Eligibility: You are eligible to enter the Prize Draw if you are a resident of the United Kingdom and if you are at least 18 years of age. Employees of OpenTable or its affiliates and anyone else professionally connected with this Prize Draw, and members of their respective immediate families (to include, parent, sibling, spouse and child) are not eligible to win the Prize (as defined below). Any such entries will be invalid. No purchase necessary to enter. Void where prohibited.
3. Entry Period: The Prize Draw begins on November 10, 2017 at 10.00 GMT and will end on November 24, 2017 at 23.59 GMT ("Entry Period").
4. How to Enter: To enter the Prize Draw, during the Entry Period, participants must share their most memorable dining experience of 2017 in the comments of the Bohemia competition blog post on the OpenTable UK blog available at ‘Win an overnight stay in Jersey and dinner at Bohemia’. Limit one (1) submission per person. Proof of sending will not be considered proof of receipt. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods.
5. Winner Selection: At the close of the Entry Period, one (1) winner (the “Winner”) will be determined by a random drawing from among all eligible entries received. OpenTable’s decision is final and binding in all matters relating to the Prize Draw. Odds of winning depend on the actual number of eligible entries received. The potential winner will be notified by email to the email address provided. If a potential winner is unreachable for 24 hours after the first attempt to contact such winner or is unable to travel and redeem the Prize (as set forth below), OpenTable may award the Prize to an alternate entrant. To claim the Prize, the Winner must complete and sign a "Confirmation of Eligibility and Publicity Consent" within 48 hours of notification, or an alternate winner may (in OpenTable’s sole discretion) be selected. OpenTable's computer shall be the official timekeeper for all matters related to the Prize Draw.
6. Prize: The Winner will receive: (1) a one night stay at The Club Hotel & Spa, Jersey/Channel Islands, UK, for two people (approximate retail value of £185); (2) breakfast for two and a tasting menu dinner for two at Bohemia Bar and Restaurant (approximate retail value of £158); and (3) round trip economy base airfare for two people from a major commercial airport nearest to Winner’s residence in the UK (approximate retail value of £150) (collectively, the “Prize”). The Winner and his/her guest must be on the same itinerary and travel and return by 30 April 2018. Blackout dates include: any Saturday, any Bank Holiday, Christmas, New Year’s, Valentine’s Day, and Easter. The Winner and his/her guest must be able to travel to the destination stated above within these times or he/she will forfeit the Prize. The Prize will be awarded to an individual and not to a business entity. The approximate retail value of the hotel and flight may vary depending upon the destination, dates and fare/rate fluctuation. The Winner will not receive the difference between actual and approximate retail value. A cash equivalent or alternative prize may be given by OpenTable in its sole discretion in the event the Prize and/or its sponsor becomes unavailable. Prize is non-transferable, non-assignable, and non-exchangeable, except in OpenTable’s sole discretion. Returned, undelivered, unclaimed, or un-awarded prizes, or any element thereof will not be (re)awarded. All taxes and other expenses, costs, or fees, including transportation, items not included with the Prize as described above (including, without limitation, add-ons, extras, or drinks) and accommodations associated with the acceptance and/or use or redemption of the Prize are the sole responsibility of the Winner.
7. Winners List: To receive a list of Winners for the Prize Draw, email Requests for results must be received by December 31, 2017.
8. Conditions: By entering the Prize Draw, you hereby warrant that all the information submitted by you is true, current and complete. OpenTable reserves the right to ask for proof of age and evidence to verify the identity of an entrant at any time, and may carry out checks of any details provided.
9. Ownership of entries and intellectual property rights: All entries become the property of OpenTable and will not be acknowledged or returned. By entering the Prize Draw, entrants grant OpenTable the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, communicate to the public, perform, translate, adapt, modify, and otherwise exploit the entry and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval and you hereby waive all moral rights to which you may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. By entering the Prize Draw, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators, if selected as the Winner, to the posting of such entrant’s name and/or blog user name on the OpenTable website and the use by OpenTable and its affiliates and their respective officers, directors, and employees (collectively, “Released Parties”) of such entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use.
10. Content of entries: YOUR ENTRY MUST BE THE ENTRANT’S ORIGINAL, PREVIOUSLY UNPUBLISHED WORK AND NOT FEATURE OR FOCUS ON ANY MATERIAL OWNED OR CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION, THIRD PARTY COPYRIGHTED MATERIAL). You must have the permission of any person that you identify or otherwise refer to in your entry. Entrants warrant that they have the sole and exclusive right to grant such rights to OpenTable and that OpenTable's reproduction, publishing, displaying, and/or other use of the entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, intentional or negligent infliction of emotional distress, breach of confidence or breach of contract. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any entry does not comply with these Rules or meet OpenTable's standards for any reason, as determined by OpenTable in its sole discretion, such entry may be rejected as ineligible for consideration and/or deleted. Entries must comply with all applicable laws, rules, and regulations. OpenTable shall have no obligation to copy, publish, display, or otherwise exploit the entry. In the event of any fault, mistake, misunderstanding or dispute concerning the validity of the information supplied by the entrant, or the operation of any part of the Prize Draw, the decision of OpenTable shall be final and no correspondence will be entered into.
11. EXCLUSION OF LIABILITY: OpenTable does not accept responsibility for any fault, malfunction, damage, liability, loss or disappointment suffered by any entrant howsoever arising from participating in the Prize Draw or of accepting the Prize except where it caused by the negligence of OpenTable, its employees, agents or others, to the fullest extent permitted by law. OpenTable shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize Draw due to reasons beyond OpenTable's control, and is not responsible or liable for any expenses incurred as a consequence thereof. The failure of OpenTable to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of OpenTable (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
12. Use of Data: OpenTable will be collecting personal data about entrants in accordance with its privacy policy. Please review OpenTable’s privacy policy here. By participating in the Prize Draw, entrants hereby agree to OpenTable’s collection and usage of their personal information in order to administer the Prize Draw and as described in these Rules and acknowledge that they have read and accepted OpenTable’s privacy policy.
13. Organiser: The sponsor of the Prize Draw is OpenTable International Limited.
14. Non-Affiliation: This Prize Draw is in no way organised, sponsored, endorsed, or associated with any Prize provider.
15. Governing Law: The Prize Draw shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the courts of London, England.
16. Prohibition and disqualification: OpenTable reserves the right to permanently disqualify from any Prize Draw or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Prize Draw or the operation thereof is unlawful and subject to legal action by OpenTable, who may seek damages to the fullest extent permitted by law. OpenTable may prohibit any entrant or potential entrant from participating in the Prize Draw, if such entrant or potential entrant shows a disregard for these Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, OpenTable, or OpenTable's agents or representatives; or behaves in any other disruptive manner (as determined by OpenTable in their sole discretion).
17. Modification or cancelation of these Rules: OpenTable reserves the right to cancel, modify, or suspend the Prize Draw or any element thereof (including, without limitation, these Rules) if required (including, without limitation, in the event of any unavailability of prizes or sponsors, insufficient or incomplete entries, any event of force majeure (described in paragraph 11 above) any interference with the Prize Draw by any entrant or third party or any reason outside OpenTable’s reasonable control). In the event of cancellation, modification, or suspension, OpenTable reserves the right to select a winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on OpenTable’s website. OpenTable reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Prize Draw.
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