Karnazes
Karnazes v. Expedia CA2/2
Opinion
Opinion
BACKGROUND
The parties UNF is a New York non-profit corporation that was created in 1998 to support the causes and activities of the United Nations. In 2008, UNF sponsored the Friends of World Heritage Adventure Sweepstakes (Sweepstakes) that awarded to one prize winner a trip for two to one of 10 possible destinations. Expedia, a travel services company based in the State of Washington, provided the prize for the Sweepstakes. The prize trip was arranged through G.A.P. Adventures, Inc., a foreign corporation authorized to do business and registered in the State of New York. Plaintiff Avram Hern (Hern)3 was the Sweepstakes winner. He selected Karnazes as his travel companion. The Sweepstakes The Sweepstakes was conducted via the internet, and entrants entered the Sweepstakes by accessing and submitting an online entry form. No cost or purchase was necessary to enter the Sweepstakes. The official rules governing the Sweepstakes were available to all entrants via a highlighted hyperlink on the Sweepstakes entry page. The official rules contained the following forum selection clause:
All further statutory references are to the Code of Civil Procedure.