Beat my rate promotion

THE FOLLOWING INCENTIVE PROGRAM IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. (EXCLUDING All USA TERRITORIES AND EXTERNAL COMMENWEALTHS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER AND A PROFESSIONAL PROPERTY MANAGER USING HOMEAWAY SOFTWARE TO PARTICIPATE. INTERNET ACCESS AND A VALID EMAIL ADDRESS REQUIRED

HomeAway Software “Beat Your Rate Giveaway” (the “Incentive Program”)

THIS IS A BUSINESS-TO-BUSINESS INCENTIVE PROGRAM.

The “Incentive Program Period” is from 12:00:01 am Pacific Time (“PT”), June 1, 2016 (“Incentive Program-Start”) to 11:59:59 pm PT, December 31, 2016 (“Incentive Program-End”). Sponsor’s computer clock governs time.

Eligibility: THIS IS A BUSINESS-TO-BUSINESS INCENTIVE PROGRAM THAT IS OPEN ONLY TO LEGAL RESIDENTS RESIDING IN THE 50 UNITED STATES AND D.C., WHO ARE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AND WHO ARE PROFESSIONAL PROPERTY MANAGER USING HOMEAWAY SOFTWARE AS OF SWEEPSTAKES-START DATE. Void in all US territories and off-shore commonwealths. Employees, officers, directors, agents, representatives and their immediate families or members of households (spouse, parents, children, siblings, and each of their spouses regardless where they live) of Yapstone, Inc. d/b/a VacationRentPayment (“Sponsor”), HomeAway.com, Inc. d/b/a HomeAway Software (“Promoter”) and TMACO, LLC d/b/a THE MARKETING AGENCY (“Administrator”), their respective parent companies, subsidiaries, advertising, social media, design, web design, web hosting and production agencies (the “Incentive Program Entities”) are not eligible to receive an Incentive.

How to Qualify for an Incentive Gift: If you are a professional vacation property manager USING HOMEAWAY SOFTWARE as of the Incentive-Start date and are not currently processing payments with VacationRentPayment: Fax your last three (3) payment processing merchant statements to Sharon Robinson at 925-478-2806 or email PDFs to SRobinson@YapStone.com during the Incentive Program Period with your corporate name, address, telephone number and a working email address.

The Incentive: VacationRentPayment will evaluate your submitted merchant statement, determine your effective processing rate, and will decide if they can offer you a lower payment processing rate. If they cannot, they will send you a $100 VISA® gift card (subject to its Terms & Conditions including an expiry date). Recipients of Incentives will be notified by email within 10 business days after Incentive Program-End and Incentives will be sent out within 6-8 weeks after Incentive Program-End to the address submitted. By entering this Incentive Program, participants acknowledge that the Incentive Program Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Incentive or regarding the use, value or enjoyment of the Incentive. The right to receive an Incentive is non-assignable, non-exchangeable and non-transferable and no Incentive substitution will be given, except that Sponsor may substitute an Incentive of comparable or greater value in its sole discretion. Incentives and Incentive notifications that are returned as undeliverable may disqualify winner.

General: By participating in this Incentive Program, you agree to be bound by these Terms & Conditions. Incentive Program administration will be supervised by the Sponsor, whose decisions are final and legally binding. No participant shall have the right to contest any decision by Sponsor, concerning any aspect of the Incentive Program. For HomeAway Software Incentive participants, HomeAway, Sponsor, and Administrator are not responsible for those who cannot access the telephone system (for a fax) or the Internet (for email) for any period of time regardless of, without limitation, technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor or Promoter or by force majeure. Sponsor and Promoter reserve the right to cancel, terminate, modify or suspend the Incentive Program and rescind any Incentive if in Sponsor’s sole determination it believes that the integrity of the Incentive Program has been, or could be, compromised or that the Incentive Program is not capable of running as planned or fairly, including, without limitation, tampering, unauthorized intervention (hacking), fraud, technical failures, or force majeure or any other cause. Should the Incentive Program be canceled/terminated during the Incentive Program Period, Incentives will be awarded for all eligible, non-suspect submissions up to the day of cancelation/termination. No other Incentives will be awarded. Sponsor or Promoter reserves the right to disqualify any submission from the Incentive Program if in Sponsor’s sole judgment it suspects that entrant has not complied with these Terms & Conditions. Without limitation, all of an entrant’s discovered submissions will be disqualified from the Incentive Program, at the sole discretion of Sponsor or Promoter, if Sponsor or Promoter suspects than an entrant has attempted: (i) to enter the Incentive Program through any means other than as described in these Terms & Conditions; (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Incentive Program or circumvent the Terms & Conditions. Only the Incentives and the values listed in the Terms & Conditions shall be awarded. Should a greater number of Incentive prize-claims than those specified in these Terms & Conditions be received because of printing, emailing or programming errors or for any reason whatsoever, only the Incentives that meet the criteria in these Terms & Conditions will be awarded in the sole discretion of the Sponsor.

By submitting your payment information, you explicitly agree to forever and irrevocably release, defend, indemnify and hold harmless the Incentive Program Entities, their successors, estates and assigns and their respective officers, directors, employees, representatives, distributors and agents, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims judgments, injuries, death, fines, penalties, losses, costs, expenses and demands whatsoever in law or equity, including all legal or “expert” fees or costs, which you now have or may acquire, by reason of any personal injury, death, loss of or damage to others or to property, or any reason, occurring during or arising out of the Incentive Program, your participation or inability to participate in the Incentive Program; the acceptance, possession, travel related to, defect of, use, inability to use or misuse of the Incentives and any elements thereof; any change in the prizing due to reasons beyond Sponsor’s control or human error; any interruptions in or postponement, cancellation, or modification of the Incentive Program; any damage to entrant’s (or any third person’s) computer/phone or network and/or its contents related to, or resulting from, any part of the Incentive Program; any wrongful, negligent, or unauthorized act or omission on the part of any of the Incentive Program Entities, or any of their agents or employees. An Incentive recipient waives the right to i) assert as a cost of winning the Incentive any and all costs of verification and redemption or travel to redeem said Incentive, and ii) claim any liability (including attorney’s and experts fees and costs) which might arise from redeeming or seeking to redeem said Incentive (including travel related thereto).

Incentive Program void where prohibited, licensed, taxed or otherwise restricted by law. All federal, state and local laws and regulations apply. If any provision of the Incentive Program shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Incentive Program in any jurisdiction, Sponsor reserves the right to (i) terminate the Incentive Program in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Incentive Program any and/or all submissions from entrants residing in such jurisdiction, without penalty and without obligation to any Incentive Program entrants. Sponsor’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision. All taxes are winners’ responsibility.

As a condition of participating in this Incentive Program, Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Incentive Program or the Incentive awarded and all issues and questions concerning the validity, interpretation and enforceability of these Terms & Conditions shall be resolved individually, without resort to any form of class action, exclusively in a court of competent jurisdiction in Los Angeles County and all entrants agree to Los Angeles County as the venue for any legal action without regard to conflict of laws doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred entering this Incentive Program and never shall include consequential, incidental, multiplied or punitive damages, and in no event attorneys’ or experts’ fees. Some jurisdictions will not recognize the exclusive jurisdiction of the Courts of California and/or do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

The Incentive Program Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Incentive Program website, any marketing materials or these or the abbreviated Terms & Conditions.

All information collected is subject to Prize Provider’s Privacy Policies, as they may apply, found by clicking on the “Privacy Policy” link on homeaway.com.

This Promotion is sponsored by Yapstone, Inc., 1351 4th Street, Santa Monica, CA 90401 through Promoter HomeAway.com, Inc., 1011 W. Fifth Street, Suite 300, Austin, TX 78703 and is co-administered by The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
All trademarks are the property of their respective owners. VISA U.S.A., Inc. is not affiliated with Sponsor and does not sponsor, endorse, approve or have any responsibility for this promotion.