VIRGIN AMERICA SAN FRANCISCO GIANTS PROMOTION #FLYTOGETHER, JUNE 2014 (THE "PROMOTION")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Promotion is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states") who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, wherein the Promotion is only open to such legal age of majority) at the time of entry and are able to travel from one of Virgin America's destinations. Employees, officers, and directors, including immediate family members (spouse, parent, child, sibling, and their respective spouses, including step-parents, step-siblings and step-children and their respective spouses, regardless of where they reside) and members of the same household, whether or not related, of Virgin America Inc. ("Sponsor"), the Entertainment Industry Foundation ("EIF") and its program Stand Up To Cancer ("SU2C"), Picture Mosaics, LLC, the MLB Entities and each of their respective parent companies, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Promotion are not eligible to participate or win the Prize (defined below). The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Promotion is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
For each eligible Promotion entry, as defined by all eligibility requirements and entry limitations contained herein, Virgin America will donate $5 in value (in in-kind main cabin tickets) to SU2C, up to a total value of $25,000. The $25,000 is based on actual ticket value.
AGREEMENT TO OFFICIAL RULES: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR: The Sponsor of this Promotion is Virgin America Inc, 555 Airport Blvd., Suite 500, Burlingame, CA 94010.
PHOTO Submission RESTRICTIONS: Participants may not submit a photo that has been previously published and/or an award winner and participants must not include any of the following content (the "Photo Submission Restrictions") in any Photo Submission: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on Sponsor, the MLB Entities, their owners and employees, or the game of baseball; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the Photo Submission is created. Any Photo Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
During the Entry Period, the Photo Submissions will be posted in the online mosaic and available for public viewing. A scrollable leader photo carousel will display the top 50 photos based on the number of Facebook 'likes" or number of views/clicks within the mosaic. The photo carousel will be updated in real-time as photos in the mosaic are "liked" by Facebook users or viewed/clicked. Limit: Each viewer may "like" a submission only once, but can "like" as many photos as they choose. Any attempt by any viewer to obtain more than the stated number of "likes" by using multiple/different Facebook accounts, email addresses, identities, registrations and logins, or any other methods will void that viewer's "likes". Use of any automated program to vote or impair the integrity of this process will result in disqualification and all associated "likes" will be void. "Likes" received from any person or email address in excess of the stated limitation will be void. Entrants are prohibited from obtaining "likes" by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.
At the conclusion of the Entry Period the ten entrants whose Submissions received the greatest number of "likes" (the "Finalists") will be automatically entered into a random drawing, and the potential winner will be randomly drawn among the Finalists. In the event of a tie among the Finalists, the entrant whose Submission received the greatest number of "likes" first will be the potential winner. Sponsor reserves the right, in its sole discretion, to select the potential winner, in its sole discretion, by random drawing from among all eligible entries should this process have been tampered with or manipulated in any way. Only potential winner will be notified. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Promotion (the "Winner"). Entrants will not be notified if their entry is disqualified or if their entry does not win. Odds of winning depend on the total number of eligible entries received.
PRIZE: One (1) Prize will be awarded. The Winner will receive two (2) round-trip domestic flights on Virgin America (the "Prize") good for travel anywhere in the Virgin America domestic network. All travel must be completed by July 1, 2015. Seats are subject to availability and seats will not be available during certain holiday periods and blackout dates.* Schedules and markets are subject to change without notice. Passes are not eligible for upgrades or premium seats, nor are redeemable for cash. If traveling internationally, guests are required to pay for all International Fees & Taxes. Changes to the reservations cannot be made after booked.
*2014 Blackout Dates: 7/3-7, 8/29-9/2, 10/10-13, 11/7-11, 11/26-30, 12/19-31
*2015 Blackout Dates: 1/2-1/6, 1/16-1/20, 2/13-2/17, 3/14-23, 4/18-21, 5/2-5, 5/23-5/26, 7/3-7, 8/29-9/2, 10/10-13, 11/7-11, 11/26-30, 12/19-31
Estimated Retail Value of the Prize: $1,552.00.
PRIZE CONDITIONS: All Prize details shall be determined in the sole discretion of Sponsor. Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). Winner is responsible for all transportation that is not set forth above, including without limitation, to and from the departing and arrival airports. All expenses and incidental travel costs not expressly stated in the prize description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to availability. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Winner's companion must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the Winner), unless accompanied by a parent or legal guardian.
NOTIFICATION: The potential winner will be notified at the e-mail address, postal address and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry ("Prize Notification"). In the event that any potential winner does not respond to any such Prize Notification within 24 hours of the Prize Notification or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be randomly selected from among the Finalists. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within two (2) days of the date of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among the Finalists.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, the MLB Entities, Facebook, EIF, Picture Mosaics, LLC, and each of their respective parent companies, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Promotion, each entrant gives his/her express permission to be contacted by the Sponsor and/or MLBAM by telephone, e-mail and/or postal mail for Promotion purposes. The Winner, by acceptance of the Prize, grants to Sponsor, MLBAM and each of their respective designees the right to publicize the Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
INDEMNIFICATION BY ENTRANTS To the maximum extent permitted by law, each entrant agrees to indemnify, defend and hold the Released Parties (as defined above) harmless at all times from and against any liability, claims, demands, losses, damages, costs and expenses arising from:
• any act, default or omission of the entrant and/or a breach, non-observance, act, omission of any representation and warranty set forth herein by the entrant; and
• any loss, injury or death to entrants, winners, winner's travelling companion, the Released Parties, or any third parties, including, without limitation, damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any travel or activity related thereto), uploading of a Photo Submission, or participation in this Promotion.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize or in any Promotion-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer(s) and/or wireless devise(s) related to or resulting from participating in this Promotion or downloading materials from or use of Website. Persons who tamper with or abuse any aspect of the Promotion or Website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor and/or MLBAM or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by the Sponsor, MLBAM and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Promotion (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor and MLBAM also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
As a condition of entering this Promotion, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Promotion, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in the County of San Francisco, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
All entry data provided via the online entry form is provided to MLBAM and not to Facebook. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
WINNER'S NAME: For the Winner's name, submit your request to Promos@virginamerica.com by September 30, 2014.
Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved.
Stand Up To Cancer is a program of the Entertainment Industry Foundation (EIF), a 501(c)(3) charitable organization. Stand Up To Cancer and Stand Up To Cancer brand marks are registered trademarks of EIF.