Fly.com Travel Love Bug Competition: Official Rules
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
TIMING: The Fly.com Travel Love Bug Program (the “Contest”) starts on February 14, 2014 at 12:00:00 AM Eastern Time (ET) and will run on a monthly basis until August 31, 2014 at 11:59:59 PM ET (“Contest Period”) or until Travelzoo, at its sole discretion, terminates the program. The Contest Period consists of six (6) entry periods (each an “Entry Period”). Each Entry Period has a Submission Phase and a Judging Phase as set forth in the chart below:
ELIGIBILITY: Contest is open to legal residents of the forty eight (48) contiguous states and District of Columbia who are at least 18 years old at the time of date of entry. Void outside the U.S., in Puerto Rico, Rhode Island and wherever else prohibited by law. Employees of Fly.com (“Sponsor”), Travelzoo Inc., and their respective parent companies, subsidiaries, affiliates, distributors and retailers, their participating advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws and regulations. All entries must be the original work of the submitter. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to the Sponsors and not to Facebook.
HOW TO ENTER: To enter, you can submit a summary of your Fly.com travel experience via the Travel Love Bug button on our Facebook page at https://www.facebook.com/fly/, or by completing our online Travel Love Bug questionnaire. You must follow the on-screen instructions to complete your entry. You can also email photos from your vacation (to support your entry) to: firstname.lastname@example.org. Entries must be in English. Limit one entry per person, per month, per e-mail address for the duration of the contest. All entries must be received on or before 11:59 p.m. ETon the last day of each Entry Period,for the duration of the “Contest Period,”to be eligible. Entries received from any person or e-mail address in excess of the above stated limitation will be void. Entrants who do not follow all directions will be disqualified. All entries become the sole property of the Sponsors and will not be returned.
Mail-In Entry: To enter the contest via US Mail, submit your Entry and include your full name, complete address and zip code, daytime phone number including area code, age, and a valid email address. It is very important that the email address provided with your mail-in entry that is a valid email address. Mail-in entries that contain an invalid email address will be considered void. Mail this completed 3”x 5” piece of paper in an outer mailing envelope with sufficient postage affixed to: Fly.com Travel Love Bug Contest, Travelzoo, 590 Madison Avenue, 37th Floor, New York, NY 10022. Mail-in entries must be received by 11:59 p.m. ET on the last day of each Entry Period. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail.
ENTRY GUIDELINES: Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or the participating retailer, or any of their products or people or communicate messages inconsistent with the positive images and/or goodwill to which Sponsor associates in Sponsor’s sole discretion. Entries must be suitable for display and publication, in the sole determination of Sponsor. By entering, you acknowledge that your Entry may be posted on Travelzoo’s websites, which includes the Fly.com website, blogs, social media pages (such as Facebook or Instagram) or any other social medium, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry you submit.
Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible, in Sponsor’s sole discretion. By submitting an Entry you warrant and represent that it: (a) is your original work and is based on your personal experience; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
CONTEST JUDGING: Entries will be judged by a qualified judge, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged based on the following criteria: (a) 30% original and creative; (b) 30% quality of writing; and (c) 40% inspirational and fun. In case of a tie, then tie(s) will be broken by the Entry with the highest cumulative point score for “original and creative”, continuing thereafter to “quality of writing and uniqueness” until the tie is broken.
WINNER NOTIFICATION: A total of one winner will be selected and the odds of winning will be determined by the number of Entries. The winning Entry will be awarded a Travelzoo promotional card prize for a total amount of $10 to be used to purchase local deals on the Travelzoo.com website or mobile application. The winner will be notified by mail, phone and/or email on or about the last day of each month for the duration of the “Contest Period” and will be publicly announced on Travelzoo’s websites, which includes the Fly.com website and Fly.com’s Facebook page (or other social media platforms).
The winner will have his or her winning Entry, and name, city and state published on Travelzoo’s websites, which includes the Fly.com website and Fly.com’s Facebook page (or other social media platforms). The winner shall not be entitled to any payments, benefits or entitlements beyond the prize as described above. Tax consequences, if any, resulting from the winner’s acceptance of the award shall be the sole responsibility of the winner. Prizes will be awarded upon winner verification. Non-winning entrants will not be notified. Return of prize notification as undeliverable, failure to sign and return requested documentation within date specified, or Sponsors inability to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by potential winner will result in disqualification and another potential winner will be selected. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the prize with another prize of equal or greater value.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or any retail participants resulting from entrant's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by Sponsor or any retail participants for technical problems or technical malfunction arising in connection with submitting an Entry. Sponsor and any retail participants are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any person's computer resulting from participation in the Contest. For the avoidance of doubt, Sponsor is not liable for any technical malfunctions of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any email on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading/uploading any materials in this Contest, or other technical difficulties or failures or other errors of any kind.
By participating in the Contest, entrants agree (a) to release and indemnify Sponsor and any retail participants from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest; (b) to waive all rights to claim, punitive, incidental, consequential, or any other damages. All causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action and any and all claims, judgments, and award shall be limited to the monetary amount of the prize awarded. Winners may be required to sign, execute and return a Statement of Eligibility and Release within twenty (20) days of prize notification or winner will be disqualified and prize may be awarded to an alternative winner.
By submitting an Entry, recipient (a) agrees that Sponsor and any participating retailers, and all of their respective officers, directors, employees, representatives and agents (“Released Parties”) will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from acceptance, possession, misuse or use of any prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) at any time or times, for advertising, trade, publicity and promotional purposes in any and all forms of media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Sponsor and any participating retailer are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
MISCELLANEOUS: Released Parties are not responsible for faulty, incorrect or mistranscribed transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Contest. Sponsors reserve the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by the Sponsors, in their sole discretion. In the event of termination a notice will be posted online and the Sponsors and independent judge will select Contest winners from all eligible entries received up to the time of termination or modification, and Contest Entries will be judged from among all eligible Contest Entries received prior to termination. Any damage made to the Contest site will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsors. Any use of robotic, automatic, or programmed methods of participation/voting will void all such submissions/votes by such methods. Sponsors reserve the right to prohibit the participation/voting of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Any claims relating to the Contest shall be governed by New York law without regard to its conflict of law rules, and any such claim must be heard in New York. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts of New York.
In the event of a dispute regarding the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the email address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsors on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest.
The decisions of the Sponsors and any independent judges are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsors reserve the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and to select winners from among all eligible entries received prior to withdrawal.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THE FAN PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. The remedy for any claim shall be limited to the value of the prize awarded, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
IMPORTANT: This Promotion is not in any manner sponsored, endorsed, administered by, or associated with Facebook. Clicking Like on the Fly.com page on Facebook does not constitute an entry into the Promotion. Any questions, comments or complaints regarding this Promotion should be sent via email to: email@example.com.
Void outside the U.S., in Puerto Rico, and wherever else prohibited.