"Fly Fashion Rocks" Social Media Contest (the "Promotion") is open only to natural persons
who are legal residents and physically located in one (1) of the forty-eight (48) contiguous
United States (excluding Alaska and Hawaii) or the District of Columbia and who are eighteen
(18) years of age or older as of the beginning of the Promotion Period (as defined below). The
Promotion may only be entered in or from the contiguous 48 states or the District of Columbia.
Entries originating from any other jurisdiction will be disqualified. Employees of CheapOair
("Sponsor"), and each of their respective parent companies, affiliates, subsidiaries, advertising,
promotion, and fulfillment agencies, directors, and officers, and each of their immediate family
members and persons living in their same household (whether legally related or not), are not
eligible to participate in the Promotion or win a prize.
No purchase is necessary to enter this Contest. Social Media (Facebook, Twitter, Instagram,
Pinterest, Youtube, Vine, etc) account is required for entry. Promotion begins on September
4th, 2014 on or about 12 p.m. Eastern Time ("ET") and ends on September 9th at 12:00 am ET
(the "Current Promotion Period"). To enter the Promotion, you must login to your social media
(Facebook, Twitter, Instagram, Pinterest, Youtube, Vine, etc) account. Once logged in, prior
to entering, you must got to "Edit Your Profile" or "Change Settings" on your profile page and
ensure that "Private Settings" are OFF. By making this change to your profile , you understand
that all future posts on social media will be visible to the public. If you would like your photo to
be tagged, please use hashtag #MyFlyFashionRocks. By making this change to your privacy
settings, you understand that all future posts on social media will be tagged with publicly. On
your social media account page, select the photo you wish to submit and share your photo by
adding the #MyFlyFashionRocks hashtag in the comments section. You may also add a short
description of the photo in the comments section, if desired. Your Entry may appear (pending
approval by Sponsor at Sponsor’s sole discretion) on Sponsor’s Contest webpage. In addition to
the above requirements and Entry must also comply with the following:
- Submitted image must contain a fashion style of the entrant.
- #MyFlyFashionRocks must appear in the comments of the shared photo via Social Media.
- The Entry may not contain any content that is lewd; obscene; sexually explicit;
pornographic; disparaging; defamatory; libelous; violent; or derogatory of any ethnic, racial,
gender, religious, professional or age group or that otherwise contains inappropriate content
or objectionable material as determined by Sponsor in its sole and unfettered discretion.
- The Entry may not show or promote unlawful activities or any activities that may appear
unsafe or dangerous.
- The Entry must be the Entrant’s original work, created solely by the Entrant, and must not
infringe the copyright, trademark, privacy, publicity, or other intellectual property rights of any
person or entity.
- If any persons other than Entrant appear in the Entry, the Entrant shall obtain, prior to
sending the Entry, any and all releases and consents necessary to permit the exhibition and
use of the Entry as set forth in these Official Rules. If any person appearing in any Entry is
under the age of majority in their state of residence, Entrant shall obtain the signature of
a parent or legal guardian approving such minor’s appearance in the Entry and the use of
such Entry as set forth herein.
- The Entry must not contain any personally identifiable information of any person other than
the Entrant. Should the Entrant include personally identifiable information about him/herself
in his/her Entry, Entrant acknowledges and agrees that such information will be disclosed
publicly and Entrant is solely responsible for any consequences thereof.
- Entrants may not, nor may any person appearing in any Entry: 1) be represented under
contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to
display the Entry in any media form; 2) have an acting, modeling or other contract or other
obligation that would make their appearance in the Entry a violation of any third party rights;
or 3) be under any other contractual relationship, including but not limited to guild and/or
union memberships, that may prohibit such person from participating fully in this Contest, or
from allowing Sponsor to use royalty-free, the Entry worldwide in all media in perpetuity.
- The Entry must not contain any third-party commercial content or logos.
- The Entry may not have been previously published and may not have won previous awards.
- The Entry may not contain any material or elements that are not owned by the Entrant and/
or which are subject to the rights of third parties, other than the Sponsor Assets as permitted
by these Official Rules.
- By submitting an Entry in the Contest, you hereby warrant and represent that your Entry
conforms to the above requirements.
By choosing to enter the Promotion, each entrant agrees that the entrant of record is the natural
person who is assigned the social media account used for submitting an Entry. Proof of
Eligibility may be required by Sponsor in connection with any winning entry, including proof that
the person is the registered account holder of the social media account associated with the
winning entry. Only eligible entries received in compliance with these Official Rules will be
considered. There is a limit of (1) one Entries per day. For purposes of these Official
Rules, "receipt" of an Entry servers occurs when social media servers record the picture sent by
an Entrant via the hashtag associate with this contest #MyFlyFashionRocks and thereby
consenting to participate and accepting these Official Rules and/or the Terms of Use of each
social media service. Any automated computer receipt (such as a "thank you" message or one
confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of an entry
for purposes of these Official Rules. No automatic, programmed, robotic or similar means of
entry are permitted and Sponsor reserves the right to disqualify any individual using such a
method. ALL ENTRIES MAY BE USED AND/OR POSTED BY SPONSOR ON ANY OF
SPONSOR’S WEB PROPERTIES OR OTHER CONTENT, IN SPONSOR’S SOLE
DISCRETION. Sponsor is not responsible for incomplete, invalid, unintelligible, misdirected,
technically corrupted or garbled entries, which will be disqualified, or for problems of any kind,
whether mechanical, human or electronic. Failure to comply with these Official Rules may result
in disqualification from the Promotion. The Site's database clock with be the official time keeper
for this Promotion. In the case of a this party hosting the contest, we shall not be responsible for
any information provided by Entrant to any such third party. By participating, each Entrant
agrees: (a) to abide by these Official Rules and decisions of Sponsor and its designees, which
shall be final and binding in all respects relating to this Contest; (b) to release, discharge,
defend, indemnify and hold harmless the Released Parties from any and all injuries, liability,
losses and damages of any kind, including death, to persons or property resulting, in whole or in
part, directly or indirectly, from Entrant’s participation in the Contest or any Contest-related
activity or the acceptance, possession, use or misuse of any awarded prize, including any travel
related thereto; (c) under no circumstances will Entrant be permitted to obtain awards for, and
participant hereby waives all rights to claim, punitive, incidental, consequential, or any other
damages, other than for actual out-of-pocket expenses; (d) all causes of action arising out of or
connected with this Contest, or any prize awarded, shall be resolved individually, without resort
to any form of class action; and (e) any and all claims, judgments, and award shall be limited to
actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; and (f) to the use
of his/her name and Entry for programming, advertising, publicity and promotional purposes in
any and all media, including but not limited to future packaging, now or hereafter known,
worldwide and on the Internet, and in perpetuity by Sponsor and their designees, without
compensation (unless prohibited by law) or additional consents from Entrant or any third party
and without prior notice, approval or inspection, and to execute specific consent to such use. By
participating, Entrant also agrees not to release any publicity or other materials on their own or
through someone else regarding their participation in the Contest without the prior consent of
the Sponsor which either may withhold in its sole discretion.
BE SURE TO CAREFULLY READ THESE RULES BEFORE SUBMITTING YOUR CONTEST
ENTRY AS YOU WILL BE BOUND BY THEM.
Sponsor will offer to the lucky Winner two tickets to the Fashion Rocks Concert in New York
City and 2 gift cards for all Best Western Hotels. Any difference between the estimated retail
value and actual retail value of a prize will not be awarded to winners. The prizes must be
accepted as awarded and entrants hereby acknowledge that 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 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 Sponsor’s sole discretion, a prize of equal or greater value may
be substituted. The winners 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. The vouchers will be valid a period of ten (10) months from the date the Winner
is selected. The vouchers are non-transferable and are not redeemable for cash. Sponsor will
attempt to accommodate winner’s preference, but all specifics thereof will be at Sponsor’s sole
discretion.
After the Contest End date on September 9th, 2014, a Winner shall be randomly selected from
the eligible entries and published via cheapOair social media channels and the webpage.
"Notification" is deemed to have occurred immediately after the Winner’s identity is published
on Social Media. In order for a potential winner to claim their prize, the potential winner must e-
mail us at @cheapOair.com and include "Fly Fashion Rocks WINNER" phrase in the subject
line and may be required to sign and return an Affidavit of Eligibility and Liability Release and a
Publicity Release (where legal), and any other additional documents required by Sponsor (the
"Required Documents") within ten (10) days of date of Notification. Failure to comply within this
time period, or if prize notification or prize is returned as non-deliverable or not returned properly
executed, or if winner is found to be ineligible, or not in compliance with these Official Rules, will
result in the potential winner forfeiting the prize and being disqualified and an alternate potential
winner being selected from among remaining eligible entries.
All federal, state, provincial and local laws and regulations apply. Void where prohibited by
law. By entering the Promotion, participants agree to be bound by these Official Rules and the
decisions of Sponsor, which are final and binding in all respects. Entrants also agree to abide
by the terms of use published by each social media service. Entrants who do not comply with
these Official Rules, or attempt to interfere with the Promotion in any way, shall be disqualified.
Entrants and prize winners agree to release, defend, indemnify and hold harmless Sponsor,
Facebook and their respective officers, employees, directors, parent and related companies,
affiliates, subsidiaries, participating theatres, agencies and any other companies participating in
the design, administration or fulfillment of the Promotion (collectively, "Released Parties") from
liability of any kind or nature for any injuries, damages or losses of any kind or any other costs
or expenses resulting from participation in this Promotion, or acceptance, possession or use,
misuse or awarding of a prize or parts thereof, including, without limitation, any injury, damage
death, loss or accident to person or property. Acceptance of a prize constitutes permission
(except where prohibited by law or regulation) to use winner’s name, likeness, biographical data
and statements for advertising and publicity purposes without notice or additional compensation.
The Released Parties are not responsible for any printing, typographical, mechanical, human or
other errors in these Official Rules, in the administration of the Promotion, in the announcement
of the prize winners, and/or in any advertising or other associated promotional materials in
connection with the Promotion. Further, the Released Parties are not responsible for technical,
hardware, software, electronic, network, telephone or other communications malfunctions,
errors or failures of any kind, errors in transmission, lost or unavailable network connections,
telephone connections, dropped dial-up internet connections, interrupted broadband, cable,
or wireless internet connections, cell phone dropped calls, unauthorized human intervention,
traffic congestions, incomplete or inaccurate capture of entry information (regardless of cause)
or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an
entrant’s ability to enter the Promotion, including any injury or damage to participant’s or any
other person’s phone or other electronic computing or telephone equipment, or other matter
relating to or resulting from participation in this Promotion. Sponsor reserves the right, in its sole
discretion, to cancel, terminate, modify, extend or suspend this Promotion should any virus,
bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control
corrupt or affect the administration, security, fairness or proper conduct of the Promotion and
no compensation will be payable. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR
IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION
OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR
CRIMINAL PROSECUTION.
All personal information collected will be treated in a manner consistent with Sponsor’s privacy
policy, which is located at www.cheapoair.com.
GOVERNING LAW / DISPUTES: All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules or the rights and obligations of entrants,
Sponsor or the Released Parties in connection with the Promotion will be governed by and
construed in accordance with the internal 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 any
other state’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts
located in New York County, New York in any action to enforce (or otherwise relating to) these
Official Rules or relating to this Promotion.
BY ENTERING THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES
OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE
AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM
OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE
LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY),
NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL
ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS,
AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED;
AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF
ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR
EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The names of individuals, groups, companies, products and services mentioned herein, and
any corresponding likenesses, logos and images thereof reproduced herein, have been used
for identification purposes only and may be the copyrighted properties and trademarks of
their respective owners. The mention of any individual, group or company, or the inclusion of
a product or service as a prize, does not imply any association with or endorsement by such
individual, group or company or the manufacturer or distributor of such product or service
and, except as otherwise indicated, no association or endorsement is intended or should
be inferred. The invalidity or unenforceability of any provision of these Official Rules or the
Required Documents will not affect the validity or enforceability of any other provision. In the
event that any provision of the Official Rules or the Required Documents is determined to be
invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be
construed in accordance with their terms as if the invalid or illegal provision were not contained
herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver
of that provision.
__________________________
(*) All prizes may redeemed only by contacting CheapOair at asinger@fareportal.com Monday
through Friday from 10am to 5pm. Your prizes will become null and void if sold, bartered or
transferred in any way.