February 6, 2010
JETBLUE LOVE YOUR BLUE CITY CONTEST OFFICIAL RULES
JETBLUE LOVE YOUR BLUE CITY CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The JetBlue Love Your Blue City Contest (the “Contest”) is open to legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age at the time entry. Void outside the fifty (50) United States and the District of Columbia and where prohibited and restricted by law. Employees, officers, and/or directors of JetBlue Airways Corporation (the “Sponsor” or “JetBlue”), Centra Marketing & Communications (“Contest Administrator”) or any of their respective parent, affiliate and subsidiary companies, licensees, distributors, retailers, printers, advertising and promotion agencies, and/or any and all other companies associated with the Contest (such entities collectively , with Sponsor and Contest Administrator, the “Related Entities”) and the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to participate or win a prize. The Contest is subject to all applicable federal, state and local laws, rules and regulations.
SPONSOR: JetBlue Airways Corporation, 27-01 Queens Plaza North, Long Island City, New York 11101.
HOW TO ENTER: The Contest begins at 12:00:01 AM Eastern Time (“ET”) on February 7, 2013 and ends at 11:59:59 PM ET on February 7, 2013 (“Promotion Period”). To enter, you must A) follow @JetBlue on Twitter.com; B) Tweet a photo showing your love for any JetBlue city; C) Include the hashtag #LoveYourBlueCity (A, B & C are collectively “Entry’). All photographs must be submitted providing a URL (link) via the Twitter post. Limit one (1) Entry per person/Twitter account. By sending an Entry, an entrant consents to receive from the Sponsor or Contest Administrator a reply Twitter message and, if applicable, a Twitter message, e-mail and/or phone call notifying such entrant that he/she is a potential winner. (Message and data rates may apply. Entrants should contact their appropriate internet, wireless and/or phone service providers for complete details with respect to message and data rates both for sent and received messages.) Entries will not be acknowledged or returned. All Entries, including the photos, must be original work of the entrant, created and owned by the entrant, and exclude third party trademarks and/or copyrighted works. Sponsor 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. Sponsor is not responsible for 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 Sponsor prior to the stated Entry deadline. Uses of automated devices are not valid for entry. In the event any entrant attempts to obtain more than one (1) entry by using multiple/different Twitter accounts, e-mail addresses, identities, registrations and logins, or any other methods, only the first entry received from such person or e-mail address will be eligible and all subsequent entries obtained by that entrant during that period will be disqualified. All Entries must be received by 11:59:59 PM ET on February 7, 2013.
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
is sexually explicit or suggestive; is unnecessarily violent or is derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contains nudity;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
is obscene or offensive; endorses any form of hate or hate group;
appears to duplicate any other submitted Entries;
defames, misrepresents or contains disparaging remarks about Sponsor, its products or services or other people or companies;
contains trademarks, logos, or trade dress owned by others, without permission to the extent permission is necessary;
contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission to the extent permission is necessary;
contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
contains look-alikes of celebrities or other public or private figures, living or dead;
communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate;
violates any law or infringes on any third party rights; and/or
mentions any other airline.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties (e.g., photograph was taken by someone other than entrant), the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
Sponsor, in its sole discretion, may disqualify any Entry for any reason, including if it determines, in its sole discretion, that Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
Entrant agrees that Related Entities are not responsible for any unauthorized use of Entries by third parties. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any other online social networks, without the express consent of Sponsor in each instance
GRANT OF RIGHTS: By submitting an Entry, you give JetBlue and its designees, successors, licensees and assigns a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, broadcast, edit, modify, create derivative works from, display, and otherwise exploit the Entry (and all rights embodied therein), in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose, including without limitation for commercial, promotional or marketing purposes, without compensation or notification to, or permission from, you. Sponsor is not obligated to use any of the above-mentioned information or materials.
Entrant agrees that Related Entities are not responsible for any unauthorized use of Entries by third parties. Related Entities do not guarantee the posting of any Entry and may take down any Entry at any time and for any reason.
WINNERS SELECTION/ JUDGING CRITERIA/ NOTIFICATION MATERIALS: Entries will be judged by a qualified panel of judges, including representatives of the Sponsor, and the top three (3) scoring entries will be selected as potential Grand Prize Winners based upon the following criteria: (i) Relevance to Theme (0-50 points) and (ii) Creativity (0-50 points). Decisions of the judges will be final and binding on all matters. In the event of a tie, the Entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate all applicable eligible Entries according to the Judging Criteria to determine the potential Grand Prize Winners. In the event an insufficient number of qualified Entries is received (as determined by the Sponsor in its sole discretion), Sponsor reserves the right to select fewer than three (3) Grand Prize Winners and/or to not award all prizes. The three (3) potential Grand Prize Winners will be sent a notification via Twitter on or about February 14, 2013 from the Contest Administrator at the Twitter Handle provided during the Promotion Period. Each potential Grand Prize Winner will be required to sign and return an Affidavit of Eligibility/Release of Liability and Publicity unless prohibited by law (“Affidavit/Release”) within ten (10) business days from date of notification to Contest Administrator or his/her Grand Prize appointment will be forfeited and, at Sponsor’s discretion, awarded to the Entry that has the next highest score, the owner of which will become the next Grand Prize Winner. If a potential Grand Prize Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her Grand Prize Winner notification or any Grand Prize Winner correspondence is returned as undeliverable, that potential Grand Prize Winner may be disqualified and, at Sponsor’s discretion, that Grand Prize Winner‘s appointment may be awarded to the Entrant that has the next highest score. If a Grand Prize Winner is at least 18 years of age but still deemed to be a minor under the law of the jurisdiction of his/her residence, that Grand Prize Winner’s parent or legal guardian must sign all paperwork.
THREE (3) GRAND PRIZES: Each Grand Prize consists of two (2) round-trip air transportation JetBlue Travel Certificates, each valid for the base fare of a roundtrip JetBlue flight between any two destinations in the JetBlue route network. The Approximate Retail Value (“ARV”) of each Grand Prize is $598. The total ARV of all Grand Prizes is $1,794.
JETBLUE TRAVEL CERTIFICATE TERMS AND CONDITIONS: The confirmed Grand Prize Winner understands that the following terms and conditions shall apply to the Travel Certificates:
Each Travel Certificate is valid for one (1) year, and all travel must be booked and flown within the valid dates shown on the Travel Certificate. Redeemed travel is subject to availability and seats may not be available on all flights. Blackout dates apply, and travel is capacity controlled. (Flights to/from Caribbean destinations subject to heightened capacity controls.) Schedules are subject to change without notice. Travel Certificates are not valid for bookings on partner airlines or code share or interline flights. Travel certificates are also not valid for use in connection with JetBlue Getaways Vacation Packages or Cruises. Each Travel Certificate is transferable; however, at no time may it be purchased, sold, bartered, traded on an auction website or otherwise exchanged for value without prior written consent from JetBlue. Travel Certificates are not redeemable for cash and have no cash value. Passengers are subject and entitled to all provisions of JetBlue’s Contract of Carriage. (See JetBlue’s Contract of Carriage at http://www.jetblue.com/p/jetblue_coc.pdf for details.)
Passenger is solely responsible for all fees, taxes, surcharges, and service charges for all travel booked using a Travel Certificate. (Taxes and fees may include, without limitation, Passenger Facility Charges up to $9.00 each way for domestic and international travel; September 11 Security Fees of $2.50 per enplanement at a U.S. airport, up to $5 each way; Federal Segment Taxes of $3.80 per domestic segment; U.S. Arrival/Departure Tax of $16.70 each way for Puerto Rico and U.S. Virgin Islands travel; and government taxes and fees up to $329.00 each way for international travel. Taxes and fees are subject to change as required by law.) Passenger also is solely responsible for fees for oversized, overweight or extra baggage and fees for products/services sold separately, such as unaccompanied minor fees, Even More Space seats, pet fees, in-flight movies, pillows, etc. Passenger must pay all applicable taxes and fees using a major credit card at the time of booking.
Travel Certificates may be redeemed only by calling 1-800-JETBLUE (538-2583) and providing the authorization number and PIN number included on the Certificate. Travel Certificates may not be redeemed at airport ticket counters or online. The authorization number and PIN number cannot be replaced if lost or stolen (except as required by law), and JetBlue is not responsible for lost or stolen Travel Certificates, authorization numbers or pin numbers. (Customers will not be able to redeem their Travel Certificate without both the authorization and pin number.) Change and cancellation restrictions and fees may apply. Redeemed travel is not eligible for TrueBlue points. (TrueBlue is JetBlue’s loyalty program.) Additional terms and restrictions apply to all JetBlue flights. See http://www.jetblue.com/traveldeals/FlightsTOC.html for details.
GENERAL PRIZE RESTRICTIONS: The specifics of all elements of the prize stated herein shall be solely determined by Sponsor. Prize may not be substituted except that Sponsor in its discretion may substitute the prize, or portion thereof, with the prize or portion of comparable or greater value in Sponsor’s sole and absolute discretion. Any portion of the prize not used by a prize winner is forfeited and no cash substitute will be offered or permitted. Prize being offered is provided “as is” with no warranty or guarantee either express or implied by Sponsor. The Sponsor has not made, and will not be responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Grand Prize Winner assumes sole responsibility for all costs associated with any elements of the prizes not explicitly included as part of prize description, including without limitation, all applicable federal, state, international and local taxes (if any) or trip insurance, air and/or ground transportation to/from a prize winner’s residence and gateway airport serviced by JetBlue airways closest to the Prize winner’s residence, ground transportation in and around destination city, hotel accommodations not specified as part of the prize, in-room charges (e.g., mini-bar, room service, laundry services, telephone, internet, movies), fees, surcharges, travel upgrades, meals, beverages, gratuities, sightseeing or other excursions, souvenirs, personal incidentals, and any other expenses not specified as a part of the prize stated herein. Guest must be designated once and cannot be changed. No substitutions or deviations with respect to origin or destination(s) will be allowed. Grand Prize Winner will be responsible for booking their travel. In the event that the Prize travel involves a connection through a JetBlue gateway city and connecting flights are not available on the same date of travel, Grand Prize Winner may be provided with lodging and ground transfers to/from airport in gateway city at sole discretion of Sponsor. Grand Prize Winner and his or her Guest must depart on same travel itinerary and return on same travel itinerary and will be responsible for all necessary travel authorizations, if any. JetBlue is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Grand Prize Winner and Guest must provide all necessary documents at the time of departure. JetBlue reserves the right to deny boarding to passengers without the proper documentation. Certain other JetBlue restrictions and blackout dates may apply, which may include a Saturday night stay, all of which are subject to change at the sole discretion of Sponsor. Related Entities will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.
WAIVE OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an Entry, each entrant agrees to (i) be bound by these Official Rules, including but not limited to all Entry requirements, and (ii) waive any and all claims against the Related Entities (for clarity, including Sponsor and Contest Administrator), and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any prize or any travel or activity related to the receipt or use of any prize. Each Entrant agrees, authorizes and irrevocably grants to Related Entities the right to publicize such prize entrant’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and information in any media now known or hereafter devised, throughout the world, in any manner, in perpetuity, for purposes of advertising and trade, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.
DISPUTES: By entering the Contest, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (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, and in no event will entrant be entitled to receive attorneys’ fees or other legal costs; and (c) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and the Related Entities 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 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.
GENERAL CONDITIONS: Related Entities are not responsible for stolen, late, incomplete, inaccurate, stolen, misdirected, lost, damaged, garbled, delayed, incomplete or garbled Entries, e-mail or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of prizes or prize winners or in any Contest-related materials. Related Entities are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Related Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Related Entities, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Related Entities. The Related Entities shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in their sole discretion. Notwithstanding anything in these Official Rules to the contrary, Related Entities (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty. The Related Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All disputes will be resolved under applicable U.S. laws in the County of New York, state of New York.
Related Entities reserves the right, in their sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the prize winners and award the prizes by way of random drawing from among all non-suspect, eligible Entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RELATED ENTITIES WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In case of multiple Entries received from any person or Twitter account, only the first entry received from such person or Twitter account will be considered. In the event of dispute as to the identity or eligibility of any prize winner based on the Twitter account, the prize winning Entry will be declared made by the “Authorized Account Holder” of the e-mail address associated with the Twitter account submitted at the time of Entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
NAMES OF WINNERS/OFFICIAL RULES: To obtain the names of the Winners (available after February 28, 2013) or a copy of the Official Rules, send a self-addressed stamped #10 envelope to: JetBlue Love Your Blue City Contest, c/o Centra360, 1400 Old Country Road, #420, Westbury, NY 11590. Please specify “Winners List” OR “Official Rules” on the outer envelope. Requests must be received by March 15, 2013.
NATURE OF SPONSOR’S BUSINESS: Air Transportation.
©2013 JetBlue Airways Corporation. All rights reserved.
NO PURCHASE OR PAYMENT OF MONEY NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Contest begins at 12:00:01AM EST February 7, 2013 and ends at 11:59:59 PM EST on February 7, 2013. Contest open to legal residents of fifty (50) United States and District of Columbia, aged 18 years older at the time of entry. Odds of Winning are dependent upon the number of eligible entries received. Void outside United States, the District of Columbia and where prohibited. See Official Rules at www.jetblue.com/deals/love. Sponsor: JetBlue Airways, 27-01 Queens Plaza North, Long Island City, NY 11101. All rights reserved.