Fly.com Photo Contest: Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
The Fly.com Photo Competition (the “Contest”) starts on November 13, 2012 at 12:00:01 PM Eastern Time (ET) and ends January 31, 2013 at 11:59:59 PM ET (“Contest Period”).
ELIGIBILITY: Contest is open to legal residents of the forty eight (48) contiguous states who are at least 18 years old at the time of date of entry. Void outside the U.S., in Puerto Rico, and wherever else prohibited by law. Employees of Fly.com (“Sponsor”), Vayama (“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. The personal information you provide will only be used for the purpose of this Contest.
HOW TO ENTER: To enter, visit https://www.facebook.com/fly/ (the “Website”), click on the Contest tab, and follow the instructions to “Like” the Fly.com Facebook page. Then, follow the on-screen instructions to complete the Entry Form provided. Limit of four (4) entries per person, per e-mail address for the duration of the contest. All entries must be received byJanuary 31, 2013 at 11:59:59 p.m. ET (“Contest Entry Period”) to be eligible. Entries received from any person or e-mail address in excess of the above stated limitation will be void. All entries become the sole property of the Sponsors and will not be returned.
WINNER SELECTION: Three (3) potential winners (“Finalists”) will be selected, from all eligible entries received during the Contest Entry Period, for each of the four (4) photo categories. These twelve (12) Finalist selections will be made by the Sponsors and an independent judge, on or about February 7, 2013.Finalist submissions will then be displayed on the Fly.com Facebook page for fan voting between February 11 – February 28, 2013. The highest number of fan votes will determine the winner of each photo category, as well as the overall winner (the “Grand Prize Winner”). Odds of winning depend on the number of eligible entries received during the Contest Entry Period.
WINNER NOTIFICATION: Potential winners will be notified via email, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), a Liability Waiver, a W-9 Form and where allowable, a Publicity Release (collectively, the “Releases”). 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, failure to submit original or court-certified divorce papers or death certificate (if applicable), 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 potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
GRAND PRIZE(1): One person (the Grand Prize Winner) shall win a $1,000 airfare voucher from Vayama, a $1,000 Visa gift card and a Canon Powershot S110 camera. Approximate Retail Value of the Grand Prize is $2,500.00.
CATEGORY PRIZES(3): Three persons (the “Runner Up Winners”) shall win a $500 airfare voucher from Vayama and a $1,000 Visa gift card. Approximate Retail Value of the Category Prize is $1,500.00.
PRIZE CONDITIONS: Travel must be completed by November 1, 2013 or it will be forfeited. Travel must be made through Vayama at least thirty (30) days prior to travel. Travel arrangements cannot be changed in any way once booked and confirmed. No refund or compensation will be made in the event of the cancellation or delay of any flight. Grand Prize and Runner Up Prizes cannot be substituted, assigned or transferred or redeemed for cash. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated as being included in the description above, including but not limited to, ground transportation, luggage fees, meals, passenger tariffs or duties, surcharges, airport fees, service charges, security fees, and all federal, state and local taxes are the sole responsibility of the winners. Actual cost of airfare will vary based on point of departure and destination selected. Any difference between stated value and actual value will not be awarded. Travel is subject to availability and certain travel restrictions and blackout dates may apply. Winners are responsible for obtaining the proper travel documentation (e.g. valid photo ID) prior to travel. Any and all taxes on the prize, and any other costs, fees, and expenses not explicitly stated herein as being awarded, are the sole responsibility of the Grand Prize and Runner Up Prize Winners.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and the decisions of the Sponsors and independent judge, which shall be final and binding in all respects relating to this Contest; (b) to release Vayama, Travelzoo Inc., Fly.com, Facebook, and their respective parents, affiliates, subsidiaries, retailers, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prizes offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of the prize. Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. By participating in the promotion, each entrant releases and agrees to indemnify the Released Parties and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the promotion, or arising out of participation in any promotion-related or prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any promotion or prize-related activity, whether hosted by the Sponsors or a third party. Winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this Contest or use/misuse or redemption of the prize. In addition, except where prohibited by law, entry and/or acceptance of prize constitute permission to use all entries submitted, as well as the winner’s name, prize won, hometown and likeness for purposes of programming, advertising, publicity (including online posting) and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by the Sponsors and their designees, without compensation, notification or permission. Nothing contained herein shall be deemed to obligate Sponsors to make use of any of the rights granted herein and the winners waive the right to inspect or approve any such use of any and every nature and kind.
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 California law without regard to its conflict of law rules, and any such claim must be heard in California.
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 actual damages, 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.
WINNER CONFIRMATION: For the names of the winners (available after March 4, 2013), send a self addressed stamped envelope to: Fly.com, (Attn: Fly.com Photo Competition), 590 Madison Avenue, 37th Floor, New York, NY 10022, for receipt not later than March 29, 2013.
SPONSORS: Vayama, (Attn: Marketing), 1975 W. El Camino Real, Suite 204, Mountain View, CA 94040. Fly.com, 590 Madison Avenue, 37th Floor, New York, NY 10022.
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: firstname.lastname@example.org.
Void outside the U.S., in Puerto Rico, and wherever else prohibited.