By participating in this Sweepstakes, each entrant agrees to be bound by these official rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees and acknowledges that Sponsor and its parent company, affiliates, divisions, subsidiaries and advertising and promotions agencies, and each of their respective employees, officers, shareholders, representatives, directors and agents (collectively, “Releasees”) are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, mutilated, incomplete, inaccurate, garbled or unintelligible entries; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections, disconnections or transmission or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes or the processing of entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or use or misuse of any prize or from participating in the Sweepstakes or any Sweepstakes related activity; or (v) any printing, typographical, administrative, human or technological errors in any material associated with the Sweepstakes. Releasees have not made and/or are not responsible for any warranties, representations or guarantees, express or implied, in fact or law relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose.
By entering the Sweepstakes, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred not to exceed ONE HUNDRED DOLLARS ($100.00), including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, direct, indirect, incidental and/or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. In no event will Releasees be responsible or liable for any damages or losses of any kind, arising out of entrant’s access to, use of, or downloading from and/or printing material downloaded from www.cheapoair.com or any other Web site associated with this Sweepstakes. Without limiting the foregoing, everything on said Web sites is provided “as is” without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Limitations or exclusions of liability for incidental or consequential damages and/or exclusions of implied warranties subject to all applicable federal, state and local laws and regulations.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT OR ANY OTHER INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) at any time and for any reason or no reason. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, of it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. The interpretation of these Official Rules shall be governed by the laws of the United States and the State of New York, without regard to its conflict of laws principles. Any disputes arising under, or related to, the Sweepstakes must be brought in the federal and state courts located in New York City, New York.
By entering the Sweepstakes, each entrant hereby agrees that Sponsor and any of their designees or subcontractors may use: (1) the personal information collected from entrant for the purpose of administering the Sweepstakes, fulfilling prizes (if applicable), and providing entrant with information relating to Sponsor or its affiliates and each of their, respective products, services and promotions and (2) his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Sweepstakes or any other promotion, contest or sweepstakes sponsored by Sponsor, except where prohibited by law. For example, each entrant understands and agrees that if he/she is selected as a potential winner, such entrant’s name, city and state may be announced at www.cheapoair.com and elsewhere.
Sponsor will not sell, share or otherwise disclose an entrant’s personal information to a third party, other than to those engaged by Sponsor to fulfill the above purposes, without the entrant’s permission. For more information regarding the collection, use and disclosure of entrant’s personal information, please see the privacy policy at www.cheapoair.com. All entries become the property of Sponsor and will not be returned.