
Jetaway to Portland Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER SWEEPSTAKES OR WIN A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE CONTINENTAL UNITED STATES, RHODE ISLAND, AND WHERE OTHERWISE PROHIBITED BY LAW.
The Jetaway to Portland Sweepstakes (the "Sweepstakes") runs from 5:00 pm Eastern Standard Daylight Savings Time ("EST") on November 15 to 5:00 pm EST on December 5, 2008 (the "Promotional Period"). A random drawing to determine the Winner (the "Drawing") will be conducted on or about December 5, 2008. Sponsors of this Sweepstakes are the Los Angeles Clippers, a team of the National Basketball League, (the "Clippers") and JetBlue Airways Corporation ("JetBlue") (together, the "Sponsors"). Sweepstakes is subject to all applicable federal, state and local laws and regulations. By participating, entrants agree to these Official Rules and acknowledge that any decision of Sponsors regarding matters related to the Sweepstakes is final and binding.
1. ELIGIBILITY:
a. To enter, you must satisfy the following eligibility requirements as of the date of your entry into the Sweepstakes:
i. You must be a legal resident of one of the forty-eight (48) states of the continental U.S. or the District of Columbia, except Rhode Island.
ii. You must be age 18 years or older.
b. Employees of JetBlue, the Clippers, the National Basketball Association, their subsidiaries, affiliates, prize suppliers, and advertising and promotion agencies of each and their immediate families (spouse and parents, children and siblings and their spouses) and individuals living in the same household of such employees are ineligible.
c. Proof of eligibility, including age and residency, may be required.
2. TO ENTER:
a. No purchase is necessary to enter. A purchase will not increase your chances of winning.
b. To enter, visit www.jetblue.com/clipperstrailblazersjetaway during the promotional period and complete the online entry form. Only online entries will be accepted. Entries must include a valid email address for the entrant.
c. Limit one entry per person, per e-mail address, and per household. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different methods of entry, email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.
d. The information that you provide in connection with the Sweepstakes may be used by JetBlue in accordance with the JetBlue Privacy Policy, which is found at http://www.jetblue.com/about/privacy.html and which maybe updated from time to time without notice.
e. All entries become the sole property of Sponsors and will not be returned or acknowledged. By submitting an entry or accepting any prize, entrants expressly agree to be bound by these Official Rules. Personal correspondence, telegrams, letters, e-mail, telephone calls or messenger letters regarding the Sweepstakes will not be returned and may not be acknowledged.
f. In the event of a dispute as to who submitted an e-mail entry, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. DRAWING:
On December 6, 2008 or within a reasonable time thereafter, Sponsors will conduct the Drawing to randomly select one name from among all eligible entries received by 5:00 pm EST on December 5, 2008. Subject to verification of eligibility, the person whose name is drawn will be declared the Grand Prize Winner (the "Winner"). The odds of winning the Grand Prize Package depend on the number of eligible entries received during the Promotional Period. The decisions of the Sponsors are final and binding in all respects relating to the Drawing and the Sweepstakes.
4. GENERAL CONDITIONS:
a. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
b. Sponsors reserve the right to cancel or modify the Sweepstakes for any reason, including, but not limited to, fraud, technical failures or any other factor beyond Sponsors' reasonable control that impairs the integrity of the Sweepstakes, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize at random from among the non-suspect entries received up to the time of the impairment.
c. Sponsors reserve the right to prohibit you from participating in the Sweepstakes, if, at their sole discretion, they find you to be tampering with the entry process or the operation of the Sweepstakes, or you repeatedly show a disregard for, or attempt to circumvent these Sweepstakes Official Rules, or act: (a) in a manner Sponsors determine to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant, the Sponsors, the NFL, or their subsidiaries, affiliates, or prize suppliers; or (c) in any other disruptive manner. Any attempts to access the site via any "robot," "spider," "deep-link," "page-scrape," or any other automatic device, program, algorithm or methodology will result in the IP address so used becoming ineligible. Any attempt by any person to deliberately damage Sponsors' web sites or undermine legitimate operation of Sweepstakes may be a violation of criminal/civil laws and should such an attempt be made, Sponsors reserve the right to seek damages to the fullest extent permitted by law.
d. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
5. PRIZE, APPROXIMATE RETAIL VALUE ("ARV"), AND ODDS OF WINNING:
a. One (1) Winner will receive a prize package ("Grand Prize Package") composed of the following prizes ("Prizes"):
i. Two (2) roundtrip JetBlue Travel Certificates (together, "Travel Certificates") good for travel for Winner and one (1) guest from the city served by JetBlue nearest to the Winner's residence to Portland, Oregon -- ARV of Travel Certificates is $598.00; actual value may vary depending on winner's departure city and date of travel.
ii. Two (2) tickets to see the Los Angeles Clippers play the Portland Trailblazers in Portland, OR on December 12, 2008. (together, "Tickets"). ARV of Tickets is $300.
iii. Two (2) nights hotel accommodations in the Portland area on December 11 and December 12, 2008. (the "Hotel Stay"). ARV of Hotel Stay is $500.
iv. iv. Two (2) LA Clippers/JetBlue Prize packs (together, "Prize Packs"). ARV of Prize Packs is $50.
b. The Total ARV of the Grand Prize Package is $1448.00.
c. The Travel Certificates and hotel stay will be provided by JetBlue. All other prizes, including Tickets and Prize Packs will be provided by the Clippers.
d. The odds of winning the Grand Prize Package depend on the number of eligible entries received during the Promotional Period.
6. PRIZE RESTRICTIONS:
i. a. Any applicable fees, service charges, surcharges or passenger facility charges, and all insurance, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use a Prize, including without limitation all meals, ground transportation, and gratuities are the sole responsibility of the Winner. Winner will receive an IRS Form 1099 reflecting the final actual value of the Grand Prize Package. Hotel may require a credit card or cash deposit for incidentals.
ii. In the event that Winner lives in the Portland area or elects not to use the airfare component of the prize, airfare component will be forfeited, and JetBlue will provide no compensation or substitution for difference in prize value. Winner and guest must travel together on the same itinerary and flights, as determined by JetBlue. Certain restrictions and blackout dates may apply, all of which are subject to change at the sole discretion of JetBlue. Travel may be capacity controlled and space is limited. Use of Travel Certificate(s) is subject to additional terms and conditions. Sponsors are not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Schedules subject to change without notice. JetBlue reserves the right to deny boarding to passengers without the proper documentation. Other restrictions apply.
iii. Redeemed travel is not eligible for TrueBlue points, Customer Bill of Rights, and may not be used toward the purchase of a JetBlue Getaways Vacation Package or JetBlue Cruises. Passengers using Travel Certificates are subject and entitled to all provisions of JetBlue's Contract of Carriage, except those provisions regarding denied boarding compensation and the JetBlue Customer Bill or Rights.
iv. The Grand Prize Package, and all Prizes included therein, are provided "as is" and without any warranty of any kind. Prizes are not transferable. No substitutions of any Prizes are allowed except by the Sponsors, who reserve the right to award a substitute prize of equal or greater value if a Prize is unavailable. Prizes are not redeemable for cash and may not be sold or bartered, including in any transaction on EBay or similar auction websites.
v. Winner and guest must execute a Liability Release and an Affidavit of Eligibility prior to award of the Grand Prize Package. Failure to sign the Liability Release and/or Affidavit of Eligibility is grounds for disqualification.
vi. Unless prohibited by law, acceptance a Prize constitutes permission to use Winner's name, voice, biographical information and/or likeness for purposes of advertising and promotion without additional compensation in all media now known or hereafter discovered worldwide and on the World Wide Web without notice, review or approval as permitted by law. Winner and guest may also be required to complete and sign a Publicity Release.
7. WINNER NOTIFICATION:
On the date of the Drawing or within a reasonable time thereafter, the entrant selected in the Drawing ("Potential Winner") will be notified by e-mail, overnight mail or phone call and must complete, sign, and have notarized an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release, which must be returned within five (5) days after prize notification or prize may be forfeited and awarded to an alternate entrant.
i. Sponsors are not responsible for fraudulent calls or e-mails made to entrants not by Sponsors.
ii. If a Potential Winner is determined to be ineligible for any reason, an alternate winner will be selected from the pool of entries. Such alternate winner is subject to all requirements of these rules, including eligibility restrictions.
8. LIMITATION OF LIABILITY:
0. Winner agrees to release and hold harmless Sponsors and their respective affiliates, officers, directors, agents, parent companies, subsidiaries, advertising and promotional agencies from any and all claims, liabilities and/or causes of action arising out of Winner's participation in this Sweepstakes.
1. Sponsors are not responsible for or liable for printing or typographical errors in any Sweepstakes-related materials, administration, announcement of prizes: stolen, lost, late, forged, defaced, misdirected, damaged, incomplete, or illegible entries, or for any entries that for any reason are not received by Sponsors by the stated deadline, nor for any electronic miscommunication or failures, technical hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in this program. Sponsors reserve the right to correct clerical or typographical errors in Sweepstakes materials.
2. Sponsors are not responsible for mutilated prize claim notifications, mail requests which are lost for any reason including, but not limited to, computer, telephone, paper transfer or human error or electronic, computer network, Internet or computer malfunctions, failures or difficulties, or any condition caused by events beyond the control of Sponsors, which may cause the Sweepstakes to be disrupted or corrupted.
3. Sponsors reserve the right in their sole discretion to cancel, terminate or suspend this Sweepstakes should virus, bugs, unauthorized human intervention, systems malfunctions, failures or difficulties or other causes beyond the control of the sponsors and their agencies corrupt or affect the administration, security, fairness and proper play or conduct of the Sweepstakes, in which case Sponsors will select Winner by random drawing from all non-suspect entries received up to the point of suspension or termination. Sponsors are not responsible for any prize quality or utility. Sponsors are not responsible for damage to any computer system resulting from participation in, accessing or downloading in connection with this Sweepstakes.
9.NAME OF WINNER:
For name of winner, send a self-addressed, stamped envelope to JetBlue "LA Clippers FlyAway Sweepstakes" Winner's List, c/o JetBlue Airways Corporation, 118-29 Queens Boulevard, Forest Hills, NY 11375 after December 12, 2008.
10. LIABILITY RELEASE:
By submitting an entry or accepting any prize, winner agrees to defend, indemnify and hold harmless Sponsors, the National Basketball Association (NBA), and/or their past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively "Sponsor Related Parties") from any and all losses, damages, rights, claims, debts, demands, obligations, costs, fees, expenses, actions, causes of action and liabilities of any kind or nature whatsoever (including reasonable attorneys' fees and disbursements) arising out of or in any way related to the Sweepstakes, these Official Rules, entrant's entry, the acceptance or use or misuse of any prize, any travel, any personal injuries, any death, or any property damage. Further, by submitting an entry or accepting any prize, all entrants agree to forever waive, release, discharge and covenant not to sue the Sponsor or Sponsor Related Parties, of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description, known and unknown, including, but not limited to, all those arising out of or in any way related to the Sweepstakes, these Official Rules, entrant's entry, the acceptance or use or misuse of any prize, entrant's information, any travel, any personal injuries, any death, or any property damage. By submitting an entry, entrant represents and warrants that he or she owns and/or has the authority to release the claims stated herein.
11. DISPUTES:
By entering the Sweepstakes, entrants further agree that:
i. 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; and
ii. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and
iii. Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
a. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving reference to its conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York.
b. Any legal proceedings arising out of this Sweepstakes or relating to these rules shall be instituted only in the federal or state courts located in the State of New York, County of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The parties agree to waive any defense of forum non conveniens or improper venue.
c. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. SPONSOR:
The Sponsors of the Sweepstakes are JetBlue Airways Corporation, located at 118-29 Queens Boulevard in Forest Hills, New York 11375, and the LA Clippers, 1111 S. Figueroa St, Suite 1100, LA, CA 90015
13. NATURE OF SPONSORS' BUSINESS:
JetBlue: Air Transportation
a. The Clippers: Team within the National Basketball Association.
©2008 JetBlue Airways Corporation, Los Angeles Clippers. JetBlue is a registered trademark of JetBlue Airways Corporation.