1. JetBlue's "New York to Barbados Creative Photo Contest" ("the Contest") is sponsored by JetBlue Airways Corporation, 118-29 Queens Blvd., Forest Hills, NY 11375 ("JetBlue"). The Contest will begin on November 24, 2009 at 11:30 p.m. Eastern Time ("ET") and end on November 29, 2009 at 11:59 p.m. ET. The geographical scope of this Contest is the continental United States, as described further below.
2. The Contest is subject to all federal, state, and local laws, and is void where prohibited or restricted by law. By entering this Contest, all contestants (the "Contestants") agree to these "Official Rules" and to the decisions of JetBlue with respect to the Contest, which are final in all respects.
Eligibility
3. Contestants must be 18 years or older and legal residents of the continental United States at the time of entry.
4. Employees and immediate family members of employees of JetBlue (including but not limited to the Contest Judges) and its advertising companies, affiliates, subsidiaries, promotion and delivery contractors and/or public relations companies or any other entity that participated in the creation, operation or fulfillment of this Contest, are not eligible to enter or win. "Immediate family" includes spouses, parents, step-parents, siblings, children, and step-children.
Grand Prizes
5. Twenty (20) Grand Prizes: each Grand Prize consists of two general admission tickets for a Winner and Guest (each as defined below) to attend a special concert event (the "Event") at the Hammerstein Ballroom in New York, New York (the "Venue") on December 3, 2009 at which musical artist Rihanna will perform. Each Grand Prize has an approximate retail value of One Hundred Sixty Dollars ($160).
6. Winners must claim their Grand Prizes on the day of the Event, at the time and location to be specified by JetBlue. Unclaimed Grand Prizes will be forfeited and will not be awarded to an alternate Winner.
Prize Restrictions
7. All details of the Grand Prize shall be determined by JetBlue in its sole discretion. Winners assume sole responsibility for all costs associated with the Grand Prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), fees, surcharges on the Grand Prize, all hotel accommodations, meals, beverages, tips, gratuities, sightseeing, souvenirs, transportation and incidentals. Guest must be at least eighteen 18 years of age or accompanied by a parent or legal guardian. Each Guest may be required to execute and return travel/liability releases and (where legal) publicity release prior to use of any Grand Prize. Winner and Guest must attend the Event together.
8. The Grand Prize is not redeemable for cash and may not be sold, bartered or auctioned. The Grand Prize may not be transferred or substituted except that JetBlue in its discretion may substitute a Grand Prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary due to unavailability. Any such changes will be announced.
9. Any portion of the Grand Prize not used by Winner or a Guest is forfeited and no cash substitute will be offered or permitted. The Grand Prize is being offered "as is" with no warranty or guarantee either express or implied by JetBlue. The Grand Prize carries no warranty other than that offered by manufacturers. JetBlue has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions may apply.
Entry
10. Entries will be accepted starting on November 24, 2009 at 5:00 p.m. ET and ending on November 29, 2009 at 11:59 p.m. ET ("the Entry Period"). To enter, each Contestant must:
11. Entry Photos will not be accepted by regular mail, e-mail, or any method other than as set forth above. Any Entry Photo that is not submitted exactly as required above, does not meet all the entry requirements set forth below, and/or otherwise fails to comply with these Official Rules in any way will be deemed ineligible and will not be judged in the Contest, without notice to the entrant who submitted such Entry Photo.
12. Each Contestant's Entry Photo must be original to such Contestant and must not have been published or entered in any contests before. Entry Photos should not include any watermarks, signatures, or copyright notices.
13. An Entry Photo will be declined if it appears to have been edited or altered by hand using traditional media (e.g. colored pencil, crayon, paint), by using a graphic design computer program, or by any other means, as determined by JetBlue in its sole discretion. No drawings, videos, or media other than photographs will be accepted or judged. A Entry Photo may not contain any profanity, sexually explicit or suggestive material, nudity, violent or hateful themes, promotion of alcohol, illegal drugs, tobacco, firearms or weapons, promotion of any activity that may appear unsafe or dangerous promotion of any particular agenda or message, disparaging or defamatory statements about any individual or group, illegal or immoral conduct or material deemed offensive by JetBlue in its sole discretion. No individuals other than the Contestant submitting an Entry Photo should appear in such Entry Photo. No watermarks, signatures, or copyright notices should appear on any Entry Photo. An Entry Photo may not contain trademarks, logos, or trade dress owned by any third party without such third party's permission. Entry Photo may not contain materials embodying the names, likenesses, or other indicia identifying any person, other than the Contestant, including without limitation celebrities and other public or private figures, living or dead, and may not contain any personally identifiable information such as social security numbers, credit card information, physical addresses, email addresses or license plate numbers. Failure of any Entry Photo to comply with any of the above requirements will result in automatic disqualification of such Entry Photo.
14. Limit one entry per Contestant per Twitter account. In the event of a dispute as to the identity or eligibility of a potential Winner based on a Twitter account, the winning Entry Photo will be declared made by the "Authorized Account Holder" of the Twitter account from with such Entry Photo was submitted at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to a Twitter account by Twitter. Uses of automated devices are not valid for entry. No group submissions will be accepted. To be eligible for the Contest, all Entry Photos must be received by JetBlue no later than November 29, 2009 at 11:59 p.m. ET.
JetBlue is not responsible for lost, late, illegible, misdirected, postage-due, mutilated or incomplete entries or for any entries that for any reason are not received by JetBlue by the deadline stated above. JetBlue is not responsible for computer system, phone line, technical, hardware, software, program or server failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections or any other difficulties that are human or technical in nature. JetBlue is not responsible for Photo Entries that are processed late or incorrectly or those that are lost due to computer or electronic malfunction or other error or for those entries that for any reason are not received by JetBlue prior to the stated deadline. Entry Photos will not be acknowledged or returned.
The information that Contestants provide in connection with the Contest may be used by JetBlue in accordance with its Privacy Policy, which is found at www.jetblue.com and which may be updated from time to time.
License & Warranty
17. By entering this Contest, each Contestant grants to JetBlue a non-exclusive, perpetual, worldwide, royalty-free, irrevocable license to copy, distribute, display, adapt, publish and make derivative works from the Entry Photo, or any portion thereof, in JetBlue's marketing materials related to the Contest in any media now known or hereafter created, including publication and distribution of the Entry Photo or portions thereof, on JetBlue's web site, without further compensation.
18. By submitting a Entry Photo, each Contestant warrants that the Entry Photo is original, was taken solely by the Contestant, does not violate any copyright laws, and does not plagiarize, libel, defame, disparage, slander or otherwise infringe on or violate the rights of any third parties. Each Contestant agrees to indemnify and hold harmless JetBlue, its parent company and subsidiaries, their respective officers, directors, employees and affiliated organizations, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the Contestant of these Official Rules or the warranties and representations made in this paragraph.
Winner Selection
19. On or about November 30, 2009 or within a reasonable time thereafter, an independent panel of judges comprised of members of JetBlue's Marketing Department ("Contest Judges") will judge all entries and select the twenty (20) winning Entry Photos using the following equally weighted criteria: effectiveness in conveying theme, originality, creativity, and expressive ability. Subject to notification and verification of eligibility as set forth below, the twenty (20) Contestants whose Entry Photos receive the highest overall score by the Contest Judges will be declared the Winners. In the event of any tie, the Entry Photo with the highest score in the "effectiveness in conveying theme" category will be declared the Winner.
Notification & Verification of Winner
20. On or about December 1, 2009, each of the twenty (20) Contestants selected as potential Winners will be notified by a JetBlue representative via a Twitter "direct message" sent to the Twitter account from which the Contestant submitted his/her Entry Photo.
21. Each potential Winner so notified must respond to the notification via Twitter direct message as required by this paragraph within twenty four hours (24) of the time such notification is sent, or such potential Winner will be declared ineligible to win. The potential Winner's response must contain the following information: the potential Winner's (a) full name; (b) complete mailing address; (c) daytime telephone number; and (d) email address.
22. After each potential Winner's response is received as described above, such potential Winner will be sent a affidavit of eligibility / liability release and a publicity release (where legal) to the email address provided in the potential Winner's response. Each potential Winner must execute these documents and return them, along with a copy of such potential Winner's valid driver's license or other valid picture ID showing name and address, to JetBlue via email as instructed, within twenty four (24) hours of the time such documents are sent to the potential Winner, or such potential Winner will be declared ineligible.
23. Each potential winner may also be required to sign other legal documents, including tax forms and a release supplied by JetBlue that, among other disclaimers, releases JetBlue and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Contest and the receipt and use of the Grand Prize.
24. In the event that any potential Winner (a) cannot be contacted or does not respond to JetBlue's notification that he/she has been selected as a potential Winner as described above, (b) does not sign and return the documents within 24 hours as described above (c) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the Grand Prize, (d) or is otherwise determined by JetBlue to be ineligible, JetBlue in its discretion may disqualify such Contestant in which case Contestant shall forfeit any right to win a Grand Prize, and that Grand Prize may not be awarded to an alternate Contestant.
Publicity Release
25. By accepting the Grand Prize, the Winner hereby grants JetBlue and its agents permission, without further compensation, to use their names, likenesses, photographs, film, voice recordings and images for promotional purposes, if and to the extent allowed by law, including on their respective websites.
Miscellaneous
26. By submitting a Photo Entry and entering the Contest, each Contestant agrees to release JetBlue, the Contest Judges and any affiliates or prize suppliers from any and all claims, liability, damages, losses or injuries of any kind arising out of his/her acceptance/possession and/or use/misuse of the Grand Prize and/or his/her participation in the Contest.
27. JetBlue reserves the right to correct typographical or clerical errors in any Contest-related materials. 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, JetBlue reserves the right to award only the stated number of prizes by selecting the winner from among all legitimate, un-awarded, eligible prize claims in accordance with the previously announced judging criteria.
28. JetBlue is not responsible for Photo Entries that are lost, misdirected, or mutilated. Photo Entries are void if incomplete, not legible, or if they contain errors. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, other causes beyond the control of JetBlue that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, JetBlue reserves the right to cancel, terminate, modify or suspend the Contest, in which event JetBlue will select the Winners in accordance with the previously announced judging criteria from among all non-suspect entries received at the time of the Contest cancellation, termination or suspension. JetBlue reserves the right in its sole discretion to disqualify any Contestant who tampers with the entry process.
29. No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure; theft or destruction or unauthorized access to, or alteration of, entries; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, hardware, or software; failure of any e-mail or electronic entry to be received 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 Contestant's or any other person's computer related to or resulting from participation in or downloading any materials from this Contest.
30. JetBlue reserves the right to prohibit any Contestant from participating in the Contest if, at its sole discretion, JetBlue finds such Contestant to be tampering with the entry process or the operation of the Contest, or if such Contestant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner JetBlue determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Contestant or JetBlue; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Contest or to collude with any Contest official or to unfairly influence the outcome of this Contest in any way will be ineligible for the Grand Prize and may be prosecuted to the full extent of the law. Any failure by the JetBlue to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
31. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, JETBLUE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes
32. By entering the Contest, Contestants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or the Grand Prize 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, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any Contestant be permitted to obtain any award for, and Contestant hereby waives all rights to claim punitive, 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.
33. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestants or JetBlue 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Contest or relating to these Official 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 invalidity or unenforceability of any provision of these Official 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 Official 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.
Winners' List/Official Rules
34. For a copy of the Official Rules or the names of the Winners, send a self-addressed, stamped envelope to JetBlue "New York to Barbados" Contest c/o JetBlue Airways Corporation, 118-29 Queens Blvd., Forest Hills, NY 11375, specifying either "Winners' List" or "Official Rules Request." Winners' names will be available after December 1, 2010.
