Dinogo X Smartwool 2024 Contest: Ski Smarter – Official Guidelines

1. Overview: The following Sweepstakes (“Sweepstakes”) is conducted by Dinogo Software Corporation (“Dinogo”), located at 7 Market Street, Stamford, CT 06902.

These guidelines represent the terms and conditions of the Sweepstakes (“Rules”). By participating in the Sweepstakes, you accept these Rules. If you do not agree with any part of these Rules, please do not enter the Sweepstakes. Non-compliance with these Rules may lead to disqualification from the Sweepstakes at Dinogo’s discretion.

2. Important Defined Terms: The capitalized terms listed below shall have the meanings assigned to them:

3. Eligibility: You may enter the Sweepstakes if you fulfill the Eligibility Requirements. Employees of Dinogo, Booking Holdings, Inc. (“Booking Holdings”) or its affiliates, as well as individuals professionally associated with this Sweepstakes, including employees of Smartwool, VF Outdoor LLC, and/or VF Corporation, along with their immediate family members (including parents, siblings, spouses, and children), are not eligible to win the Prize. Any such entries will be considered invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.

4. Entry Period: The Sweepstakes starts on Wednesday, January 11, 2023, at 6:00 PM (EST) and concludes on Monday, January 30, 2023, at 11:59 PM (EST) (“Entry Period”). Following this period, winners will be chosen and notified on or around Tuesday, January 31, 2023, at 3:00 PM (EST) (“Drawing Date”). All times mentioned for the Sweepstakes are in Eastern Standard Time unless indicated otherwise. The Sponsor’s server will serve as the official timekeeping device. ENTRANTS MUST DETERMINE THE RELEVANT TIME ZONE IN THEIR JURISDICTIONS.

5. How to Enter: During the Entry Period, you can enter the Sweepstakes using the Entry Method outlined above. Each entrant may submit only one (1) entry during the Entry Period per email. Any entries made through robotic, automatic, programmed, or similar means will be disqualified.

6. Winner Selection: At the end of the Entry Period, the winner(s) (“Winner(s)”) will be chosen through eleven (11) random drawings (“Drawing(s)”) conducted on the Drawing Date from all eligible entries submitted during the Entry Period. A total of eleven (11) Winners will be selected, with one (1) Winner drawn in each of the eleven (11) Drawings. The chances of winning depend on the total number of eligible entries received. Non-winning entries will not be considered in future sweepstakes, giveaways, or drawings. Note that an entrant can win only once. The Sponsor’s decision is final and binding in all aspects related to the Sweepstakes.

7. Winner Notification: Potential Winners will be contacted via the email provided within approximately 24 hours after the Drawing Date. The Winners may also be publicly announced on Instagram, and by entering the Sweepstakes, you consent to such announcement. If a potential Winner cannot be reached within three (3) business days after the initial contact attempt or is unable to attend, Dinogo may select an alternate entrant for the Prize. To claim the Prize, Winners must complete and sign an “Affidavit of Eligibility and Liability Release,” a W-9 Form (if applicable), and a publicity release where permitted by law. If these documents are not returned within the specified time, or if the prize notification is returned undeliverable, or if a potential Winner fails to comply with these Official Rules, the prize may be forfeited and a runner-up may be contacted at Dinogo’s discretion. Dinogo reserves the right to conduct a background check on any potential Winner and may disqualify anyone with a criminal charge or conviction if awarding the prize may reflect poorly on the Sweepstakes or Dinogo. Dinogo’s computer will serve as the official timekeeper for all matters pertaining to the Sweepstakes.

8. Prize: The Winner(s) will receive the Prize(s). No cash equivalent or alternative prize will be offered, and the Prize is non-transferable and non-exchangeable, except at Dinogo’s sole discretion. The Prize is provided “as is” without any express or implied warranties or guarantees. All taxes and additional expenses, costs, or fees associated with the acceptance or use of any prize are the sole responsibility of the Winner(s). The Prize(s) may also be subject to Additional Prize Conditions, if applicable, noted above. Dinogo will not be liable for any loss, liability, or damage resulting from any Winner’s acceptance or use of the Prize.

9. Winners List: To obtain a list of the Winner(s) for the Sweepstakes, please email [email protected]. Requests for results must be submitted within 30 days after the conclusion of the Entry Period.

10. Conditions: By entering the Sweepstakes, you confirm that all information you provide is accurate, current, and complete. Dinogo reserves the right to request proof of age and identity verification from any entrant at any time and may conduct checks on any details provided.

11. Ownership of Entries and Intellectual Property Rights: All entries remain the property of the respective entrant(s), but will not be acknowledged or returned. You must have permission from anyone referenced in your entry. By entering the Sweepstakes, you grant Dinogo the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, publish, display, distribute, perform, translate, adapt, modify, and exploit the entry, incorporating it into other works across all markets and media worldwide indefinitely without further compensation, notification, permission, or approval.

12. Content of Entries: Entrants affirm they have the sole rights to grant such permissions to Dinogo, and that Dinogo’s use of the entry will not infringe on third-party rights, including copyright, trademark, privacy, or publicity, nor will it result in claims for defamation, false light, emotional distress, or breach of contract. Entries containing offensive, violent, pornographic, obscene, illegal, or otherwise inappropriate content may be deemed ineligible and removed at Dinogo's discretion. All entries must comply with applicable laws, rules, and regulations. Dinogo is not obligated to copy, publish, display, or exploit any entry.

In case of any errors, misunderstandings, or disputes regarding the validity of information provided by entrants or the operation of any part of the Sweepstakes, Dinogo’s decision shall be final, and no correspondence will be entertained.

13. Exclusion of Liability: Dinogo is not responsible for any faults, malfunctions, damages, losses, or disappointments experienced by entrants arising from participation in the Sweepstakes or acceptance of any Prize, whether due to errors, omissions, or other causes by Dinogo, its employees, agents, or others, to the fullest extent allowed by law.

By entering the Sweepstakes, each participant agrees, on behalf of themselves and their heirs, executors, and administrators, (a) to release and indemnify Dinogo and its promotional partners, along with their subsidiaries, affiliates, directors, officers, employees, and agents (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may result, directly or indirectly, from their participation in the Sweepstakes and/or their acceptance, possession, use, or misuse of any prize; (b) to indemnify Released Parties from any liability arising from the Sweepstakes, acknowledging that Released Parties have not made any express or implied warranties regarding the prize; (c) if chosen as a Winner, to allow the posting of their name and/or username on the Dinogo website and the use of their name, voice, image, and likeness for promotional purposes globally, in perpetuity, without further compensation or approval; and (d) to adhere to these Rules and waive any rights to contest any ambiguity or error within them, agreeing to abide by Dinogo’s final decisions, which are binding. Noncompliance may lead to disqualification at Dinogo’s discretion.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR RELATED COSTS OF PURSUING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

14. Use of Data: Dinogo may collect personal data from entrants in line with its privacy policy. Please review Dinogo’s privacy policy here. By participating in the Sweepstakes, entrants agree to the collection and use of their personal information for administering the Sweepstakes and as outlined in these Rules (including sharing their data as part of the Winners list if selected). Entrants acknowledge that they have read and accepted Dinogo’s privacy policy. Additionally, to claim their Prize, Dinogo will need to share the Winner’s personal data with Smartwool (a division of VF Outdoor LLC, a subsidiary of VF Corporation). By participating, entrants consent to Dinogo sharing their personal data with Smartwool if they are selected as a Winner.

15. Organizer: The organizer of the Sweepstakes is Dinogo Software Corporation.

16. Non-Affiliation: This Sweepstakes is not organized, sponsored, endorsed, or associated with any Prize provider or Social Media Platform in any way. Each entrant agrees, for themselves and their heirs, executors, and administrators, (a) to release and hold harmless the Prize provider and Social Media Platform (e.g., YouTube), along with their subsidiaries, affiliates, directors, officers, employees, and agents (collectively, “Released Parties”), from any liability, illness, injury, death, loss, litigation, or damage that may result, directly or indirectly, from their participation in the Sweepstakes and/or their acceptance, possession, use, or misuse of any prize.

17. Governing Law: The Sweepstakes will be governed by and construed in accordance with the laws of the State of Connecticut, U.S.A., without regard to its conflict of laws principles.

ARBITRATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS AND POTENTIAL WINNERS AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO THE SWEEPSTAKES, PARTICIPATION THEREIN, AND/OR THESE RULES SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN STAMFORD, CT, BEFORE A NEUTRAL ARBITRATOR SELECTED BY BOTH PARTIES. THE COSTS OF ARBITRATION WILL BE SHARED EQUALLY. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, SEEK INJUNCTIVE RELIEF, OR PURSUE ANY OTHER LEGAL REMEDIES IN CONNECTION WITH DISPUTES OR CLAIMS RELATED TO THIS SWEEPSTAKES ARE WAIVED, AND ALL PARTICIPANTS EXPRESSLY GIVE UP SUCH RIGHTS.

18. Prohibition and Disqualification: Dinogo reserves the right to permanently disqualify any individual from any Sweepstakes or other promotions if they believe that individual has intentionally violated these Rules. Any attempt to deliberately disrupt the Sweepstakes or its operations is illegal and may result in legal action by Dinogo, who may seek damages to the fullest extent permitted by law.

Dinogo will not be held accountable for any cancellations, delays, or changes made by any company or individual involved in providing any part of the Prize due to circumstances beyond Dinogo’s control, nor for any costs arising from such situations.

Should Dinogo be unable to comply with any aspect of these Rules due to events such as natural disasters, war, fires, riots, earthquakes, terrorism, government actions outside Dinogo’s control (excluding compliance with applicable laws and regulations), or other force majeure incidents, it will not be deemed a violation of these Rules.

Released Parties shall not be liable for any telecommunications, network, electronic, technical, or computer malfunctions; inaccuracies in entry information; errors in promotional or marketing materials or these Rules; human or electronic mistakes; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.

19. Modification or Cancellation of these Rules: Dinogo reserves the right to cancel, amend, or suspend the Sweepstakes or any of its components (including these Rules) at any time without prior notice for any reason, including unexpected occurrences not addressed in these Rules. If the Sweepstakes is canceled, modified, or suspended, Dinogo may choose winners through a random drawing from all eligible, valid entries received prior to the triggering event. Any notice of cancellation, amendment, or suspension will be posted on Dinogo’s website. Dinogo may disqualify any participant or potential participant from the Sweepstakes if they demonstrate disregard for these Rules, engage in behavior intended to annoy, abuse, threaten, or harass any other participant, Dinogo, or its agents or representatives, or otherwise act disruptively (as determined solely by Dinogo). Dinogo also reserves the right to revise these Rules for clarity without altering the essential terms and conditions of the Sweepstakes.