APP-solute Getaway – 50 Tickets” Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
“APP-solute Getaway – 50 Tickets” Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years old at the time of entry. Void where prohibited by law. Employees of Fareportal, Inc. d/b/a CheapOair.com or any of its respective affiliates, subsidiaries, advertising agencies, suppliers, distributors, retailers, or any other company or individual involved with the design, production, execution or distribution of the Contest and their immediate family (spouse, parents and stepparents, siblings and stepsiblings, and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Fareportal, Inc. d/b/a CheapOair.com – 135 W 50th Street, Ste. 500, New York, NY 10020.
3. Contest Entry Period:
The Contest Entry Period starts on June 1, 2014 at 12:01 a.m. Eastern Time (“ET”) and ends the sooner of July 31, 2014 at 11:59 p.m. ET (the “Contest Entry Period”). The Sponsor is the official time keeper for this Contest.
4. How to Enter:
During the Contest Entry Period you can enter by first downloading the CheapOair mobile application found at the Google Play mobile app store (for Android phones) and the Apple Store (for iPhones/iPads) and tapping the “CheapOair APP-Solute Getaway” banner to complete the entry form by providing the requested information. Downloading the application is free. The entry will be valid only if you provide along with your entry, a valid e-mail address where you may be contacted, and your full legal name. You hereby consent that the Sponsor may use the e-mail address associated with your entry to inform you of our latest promotions and travel content. You can always opt-out using the “unsubscribe” information available in all our newsletters/promotional e-mails. Limit one (1) entry per person. Entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries will void that entrant’s entries and that entrant will be disqualified. Use of any automated system to enter is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet Access Provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of the Sponsor and will not be returned.
5. Winner Selection:
One day after the end of the Contest Entry Period the Sponsor will select one entry for the grand prize described below in a random drawing from among all valid entries received during the Contest Entry Period. The selected winner will be contacted using the email address provided when completing the entry form, and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these Official Rules). Potential winner will be notified approximately one (1) day after the prize drawing. Failure to respond to the initial verification contact within five (5) days of notification or return of email notification as undeliverable after three (3) attempts may, in the Sponsor’s sole discretion, result in disqualification. Odds of winning the prize depend on the number of eligible entries received during the Contest Entry Period.
6. THE POTENTIAL CONTEST WINNER MAY BE SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
7. Verification of Potential Winner:
The potential prize winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential prize winner may be required to sign and return to the Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release, or if the prize or prize notification is returned as undeliverable, the potential winner forfeits prize. In the event that a potential winner of a Contest prize is disqualified for any reason, the Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. Grand Prize:
One grand prize will be awarded. The grand prize Winner will receive fifty (50) vouchers for $250 each, to be used by the Winner on CheapOair.com towards the purchase of domestic tickets within the continental United States (excluding Alaska and Hawaii). The vouchers may only be applied towards itineraries purchased on CheapOair.com by the Winner, which include the Winner and a maximum of one (1) additional guest. Any difference between the estimated retail value and actual retail value of a prize will not be awarded to the Winner. The prizes must be accepted as awarded and entrants hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The prizes are not transferable or redeemable for cash or exchanged for any other goods. The stated estimated retail value of the prizes are based on available information provided to the Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. No substitution allowed except, at the Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. Unclaimed prizes will be forfeited. Vouchers will not carry any balance if not fully redeemed. For example, if a $250 voucher is used to purchase a ticket of $150, the entire voucher shall be considered redeemed. Only one voucher per person shall be redeemed for each itinerary. The vouchers are valid as of August 1, 2014 until December 31, 2014. The price for other departure cities and/or travel dates may vary. Subject to availability and currency exchange rate fluctuations. Prices are valid for new bookings only, are not retroactive and may change without notice. Baggage and optional service fees, cancellation charges, and other restrictions may apply. All vouchers may redeemed only by contacting CheapOair at carmen.jimenez@cheapOair.com, Monday through Friday, from 10am to 5pm. Your vouchers will become null and void if sold, bartered or transferred in any way. All travel must be booked 7 days in advance of travel. Checked and carry-on luggage fees cannot be redeemed against the voucher. Vouchers are valid for itineraries booked and completed by December 31st, 2014. Package may not include all government imposed taxes and fees. The vouchers are non-transferable and are not redeemable for cash. Flights must be booked at least 7 days in advance of travel. Sponsor will attempt to accommodate winner’s preferred itinerary, but all specifics thereof will be at Sponsor’s sole discretion. For the flight portion of the prize, a Saturday night stay is required; the redemption of vouchers is subject to availability during black-out periods. The vouchers may be redeemed only by contacting CheapOair at carmen.jimenez@cheapOair.com. There is no cash equivalent for the prize; the prize is non-transferable, and no substitution will be made, except as provided herein at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. The Winner is responsible for all taxes and fees associated with prize receipt and/or use.
9. Entry Conditions and Release:
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and its respective parent, subsidiary and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of any prize.
Except where prohibited, participation in the Contest constitutes the Winner’s consent to the Sponsor’s use of the Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions:
The Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by the Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability:
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court in the District of New York or the appropriate state court located in New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor 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.
14. Contest Results:
For Contest results, send an email with the subject line “Winners List – “APP-solute Getaway – 50 Tickets Contest” to carmen.jimenez@cheapOair.com. Requests for the Winners List must be received 60 days after the end of the Contest Entry Period.