Rainbow Facebook Promotion Rules
AMERICAN AIRLINES RAINBOW FACEBOOK PROMOTION RULES (“Promotion”)
THESE ARE THE OFFICIAL RULES OF THE PROMOTION DESCRIBED IN THE CORRELATING POST (THE “POST”).
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
2. TO ENTER. Between 3:00:00 p.m. Eastern time (“ET”) on December 5, 2013 and 11:59:59 p.m. ET on December 5, 2013 (“Promotional Period”), you can enter the Promotion by finding the initiating post at www.facebook.com/AARainbowTeam (the “Website”). During the Promotional Period, the Sponsor will post a message on the Website announcing a clue where an American Airlines ambassador can be located within New York, NY and available prize to be won. The first eligible participant who visits the ambassador and either (a) shows him the AA application on the participant’s smartphone, or (b) says the word disclosed in the Facebook post at the location set forth on the Website will receive the prize, subject to verification. By participating in the Promotion, participants agree to be bound by these Official Rules and by the decisions of the judges, which shall be final and binding in all respects. No other method of participation will be available.
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN TRAVEL THROUGHOUT NEW YORK, NY, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PROMOTION IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTION PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL WHO IS FOUND TO BE TAMPERING WITH THE OPERATION OF THE PROMOTION; TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES; OR TO BE ACTING IN AN UN-SPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ANY ACTION THAT INTERFERES WITH THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, DISTRACTING OR OTHERWISE INTERFERING WITH ANY OTHER FOLLOWER’S PARTICIPATION IN THE PROMOTION IS PROHIBITED. PARTICIPANTS MUST OBEY ALL LAWS WHILE PARTICIPATING IN THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, TRAFFIC LAWS, HEALTH, SAFETY AND LOCAL LAWS AND ORDINANCES. ANY PERSON WHO FAILS TO COMPLY WITH ANY OF THE FOLLOWING FOREGOING MAY BE DISQUALIFIED FROM PARTICIPATION IN THE PROMOTION AND MAY BE INELIGIBLE TO RECEIVE A PRIZE.
3. ELIGIBILITY. Promotion open to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico who are at least 18 years of age (19 in Alabama and Nebraska) or older at the time of entry, and located in the New York, NY area at the time of entry. Employees and agents of Sponsor, and its parents and affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ and agents’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win the Promotion. Void where prohibited or otherwise restricted by law.
4. PRIZE DETAILS AND RELATED TERMS.
a. PRIZE: One (1) Grand Prize Winner will receive two (2) tickets to the Cyndi Lauper and Friends Home for the Holidays Concert Benefitting True Colors on December 7, 2013 (the “Prize”). (Approximate retail value (“ARV”): $300.00. Concert will be at the Beacon Theatre, 2127 Broadway (between 74th and 75th St), New York, NY 10023. No transportation to/from concert will be provided. Winner must attend concert on December 7, 2013. No other concert dates are available. Selection of seat location is in Sponsor’s sole discretion.
Winner is responsible for any and all applicable taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize. Prize is not redeemable for cash. Prize may not be transferred, purchased, sold or bartered. Only original tickets will be honored. Prize is void if reproduced, altered, counterfeited, obtained or used improperly. Lost, stolen, damaged or destroyed tickets will not be replaced by American Airlines.
5. WINNER SELECTION. Winner will be based on the first participant to either show the brand ambassador the AA application on the participant’s smartphone, or state the word disclosed in the Facebook post, as determined by the Sponsor’s brand ambassador at the location, whose decisions will be final and binding in all matters relating to this Promotion. In case of a tie for the prize, a skill-based tie-breaker (as determined by Sponsor) will be conducted from among all tied participants to determine a winner. Upon verification, the winner will receive the prize on-site.
Except where prohibited, acceptance of a Prize constitutes Winner’s consent to use of his/her name and/or photograph without further compensation for advertising, promotional and publicity purposes by Sponsor. By accepting Prize, Winner acknowledge(s) compliance with these official rules. No cash redemption or Prize substitution allowed by Winner. Sponsor reserves the right to substitute Prize of equal or greater value if advertised Prize becomes unavailable. Limit one (1) Prize per household/family. Unclaimed prizes will not be awarded.
7. TAXES. Any valuation of the Prizes stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to Winners as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these official rules are solely the Winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. You must contact your own tax advisor for any questions concerning taxes.
8. OTHER CONDITIONS. By participating, participants agree to these Official Rules, which are final and binding in all respects. To the extent applicable to any registrant or Prize Winner domiciled in Puerto Rico, these rules will be interpreted to comply with the laws of Puerto Rico. Subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its sole discretion, to modify or suspend this Promotion or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by participants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, (b) the Promotion or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of Entries per these rules, or (c) the Promotion is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prize to Winner as deemed fair and equitable by Sponsor. By entering, participants agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Promotion or acceptance or use of any Prize or participation in any Promotion-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Promotion, or (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Facebook posts. By entering, participants agree to comply with these rules. Any participant who attempts to tamper with this Promotion in any way shall be disqualified. To the extent applicable to any registrant or Prize Winner domiciled in Puerto Rico, these rules will be interpreted to comply with the laws of Puerto Rico. By entering, participants agree to comply with these rules.
9. DISPUTES. Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Fort Worth, Texas; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys' fees; and (iii) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
The Promotion Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of Participant and Sponsor in connection with Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of Fort Worth.
10. WINNERS' LIST. The names of the Winners will be posted on the AA.com® website at www.facebook.com/AARainbowTeam on or about December 9, 2013.
11. SPONSOR. American Airlines, Inc., 4333 Amon Carter Blvd., Ft. Worth, Texas 76155 (“American Airlines” or “Sponsor”).
Copyright 2013 American Airlines, Inc. All Rights Reserved. Printed in U.S.A.