AMERICAN AIRLINES CONTEST RULES (“Contest”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST 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. OPEN TO LEGAL RESIDENT OF 50 UNITED STATES, D.C., AND PUERTO RICO, WHO ARE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, AND WHO ENTER FROM WITHIN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, OR PUERTO RICO.
ELIGIBILITY. The American Airlines Contest is open to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico, who are at least the age of majority in his/her state of residence , and who are located in the 50 U.S./D.C. or Puerto Rico, all at the time of entry. Employees, directors, and agents of American Airlines, Inc. (“Sponsor”), Passion Passport (“Administrator”), and each of their respective parents and affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ and agents’ immediate families (spouse, parent, child, sibling, and their respective spouse) and individuals living in the same household with such employees (whether or not related), are not eligible to enter or win the Contest. Void where prohibited or otherwise restricted by law.
PROMOTION PERIOD: The Contest begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on September 22, 2014 and ends at 11:59:59 a.m. EDT on September 27, 2014 (“Promotion Period”).
TO ENTER. During the Promotion Period, take an original photo that best showcases your creative representation of a U.S. destination or a U.S. government landmark or a view from an American Airlines plane in the manner listed hereand post the photo to your Instagram account along with the hashtags #PPAmericanTravels and #ContestEntry and tag @PassionPassport in the description, as well as a short description of the location and meaning behind the photo to receive one (1) entry into the Contest. NO PURCHASE OF AIR TRAVEL IS REQUIRED TO ENTER. PHOTOS SUBMITTED VIA AN AMERICAN AIRLINES PLANE WILL NOT INCREASE YOUR CHANCES OF WINNING. All entries must be received by 11:59:59 a.m. EDT on September 27, 2014 to be valid. Photos posted prior to the start of the Promotion Period will not be eligible for entry or accepted. Although there is no limit on the number of entries per person, each submission must be substantially different. Entries that do not include the #PPAmericanTravels and #ContestEntry hashtags and/or do not tag @PassionPassport and/or contain a description of the photo will be void. Entries must contain all information requested and comply with all Content submission requirements set forth herein to be valid. Sponsor will not accept entry photos from a third party. Proof of ownership of entry may be required. Entrant must own the copyright to the photo. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.
As used herein, “Content” refers to all information, materials or content you submit in connection with the Contest (including, but not limited to the photograph, images, hashtags, descriptions, and tags).
By submitting your Content, you warrant and represent that: (i) such Content is your original work, (ii) such Content has not been previously published, (iii) such Content has not won previous awards, (iv) such Content has not been copied from other works, (v) does not infringe upon or violate the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (vi) you have obtained permission from a person whose name, likeness, or voice is used in the Content, and (vii) publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, non-government buildings, trademarks, or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING CONTENT, EACH ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor and another authorized on its behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit, have distributed, and/or promote such Content in any form, in any and all media now known or hereinafter created, without limitation, anywhere in the world, for any purpose, and without consideration to the entrant.
All Content submitted by you must conform to the additional submission requirements set forth herein:
- Content must comply with these Official Rules and the Instagram Terms of Service;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be obscene or offensive, endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies;
- Content cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Sponsor’s as contained in your entry), or contain any personal identification other than entrants;
- Content cannot contain 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 (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor);
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Content shall not include any background artwork, unless it is an original work of the entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein);
- Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Content cannot depict, and cannot itself, be in violation of any law; and
- Content must be socially acceptable and in good taste, as determined by the Sponsor in the Sponsor’s sole discretion.
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein. Sponsor reserves the right to waive the Content requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to any judging. CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZE DETAILS AND RELATED TERMS. Grand Prize (1 total): One (1) grand prize winner will receive 10,000 American Airlines AAdvantage® miles that may be used for air transportation on American Airlines or its “Airline Associates” (American Eagle® service, oneworld® airlines or select AAdvantage® participating airlines), car rentals, hotel stays and other awards available at AA.com/redeem (a “Prize”). Approximate retail value (“ARV”) of Grand Prize: $199. Honorable Mention (2 total): Two (2) honorable mention winners will each receive 1,000 American Airlines AAdvantage® miles that may be used for air transportation on American Airlines or its “Airline Associates” (American Eagle® service, oneworld® airlines or select AAdvantage® participating airlines), car rentals, hotel stays and other awards available at AA.com/redeem. Approximate retail value (“ARV”) of honorable mention prize: $19.99 each (also, a “Prize”). Total ARV of all Contest Prizes: $238.98.
Prizes are provided “as is” and without any warranty of any kind. Prizes are non-transferable. No cash redemption or Prize substitution allowed by winner. Sponsor reserves the right to substitute a Prize with a prize of equal or greater value if an advertised Prize becomes unavailable for any reason. Limit one (1) Prize per household/family. Unclaimed Prizes will not be awarded.
If AAdvantage® miles are redeemed for air transportation, winner is responsible for the full cost of transportation to and from their departure and arrival city. Winners are responsible for any and all applicable fees, service charges, surcharges or passenger facility charges and all insurance costs, federal, state, local and foreign taxes, if any, gratuities, meals, incidentals and any other unspecified expenses associated with acceptance or use of the Prize. AAdvantage® flight awards are subject to, and the passenger is responsible for, the September 11th Security Fee of $5.60 per one-way trip, per passenger, applicable departure taxes, federal inspection fees, passenger facility charges of up to $18.00, depending on itinerary, and any other taxes and fees imposed by a government entity (U.S. or foreign) of up to $240 based on destination; total may vary slightly based upon currency exchange rate at time of purchase, as well as any fees or surcharges (including fuel surcharges) imposed by the carrier. U.S. government excise tax is a user tax to pay for airport construction and airway safety and operations. If ticketing is less than 21 days prior to departure, a $75.00 expedite charge will apply (waived for AAdvantage® Executive Platinum, AAdvantage® Platinum and AAdvantage® Gold members using miles from their account). A ticketing service charge of up to $35.00 will apply when ticketing via Reservations, American Airlines Travel Center or an Airport Ticket Office. (The ticketing service charge is waived for involuntary changes, reissued tickets, AAdvantage award tickets issued within 21 days of travel and an expedite charge has been collected, AAirpass® tickets, Government/military fare tickets, and prepaid tickets.) Some of these taxes, fees and other amounts may be due upon booking/ticketing the AAdvantage® award travel. American Airlines AAdvantage® miles will be credited to the AAdvantage® account of winner, or may be provided in the form of a Certificate as set forth below, who must provide a valid AAdvantage® membership number in order to receive the mileage credit. American Airlines AAdvantage® miles awarded in this Contest will not count toward elite status qualification, AAdvantage Million Milersm status or any other promotional benefit that American Airlines may offer in the AAdvantage® program. Winners who are not AAdvantage® members may join at no cost online at www.aa.com and click on AAdvantage® or by calling the AAdvantage® membership desk at 1-800-882-8880. The credited miles may thereafter be redeemed in any manner consistent with the AAdvantage® program Terms and Conditions, which are subject to change at any time without notice and can be found at www.aa.com/aadvantage when you click on Program Details and then click on AAdvantage® Terms and Conditions. Determination of income tax liability on AAdvantage® travel awards is the responsibility of the winner. American Airlines may, among other things, (i) withdraw, limit, modify, or cancel any award; (ii) change program benefits, mileage levels, participant affiliations, conditions of participation, rules for earning, redeeming, retaining or forfeiting mileage credit, or rules for the use of travel awards; or (iii) add travel embargo dates, limit the number of seats available for award travel (including, but not limited to, allocating no seats on certain flights) or otherwise restrict the continued availability of travel awards or special offers. American Airlines reserves the right to change the AAdvantage® program and its terms and conditions at any time without notice, and to end the AAdvantage® program with six months’ notice. American Airlines may make any one or more of these changes at any time even though such changes may affect your ability to use the mileage credit or awards that you have already accumulated. AAdvantage® travel awards, accrued mileage credits and special offers are subject to government regulations. American Airlines is not responsible for products and services offered by other participating companies. For complete AAdvantage® program details, visit www.aa.com/aadvantage. Sponsor is not liable for any expense incurred as a consequence of a flight cancellation or flight delay. Travel is subject to availability and certain other restrictions, which are subject to change in the sole discretion of Sponsor. Flight schedules subject to change without notice.
If AAdvantage® miles are sent to a winner in the form of a Certificate: Certificate is not redeemable for cash. Certificate may not be transferred, purchased, sold or bartered. Only original Certificates will be honored. Certificate is void if reproduced, altered, counterfeited, obtained or used improperly. Lost, stolen, damaged or destroyed Certificates will not be replaced by American Airlines. Determination of income tax liability on mileage Certificates and AAdvantage® travel awards is the responsibility of the holder. The holder of the Certificate has only the limited right to surrender same to American Airlines in accordance with rules and conditions stated herein for crediting of mileage by American Airlines and subject to all AAdvantage® Terms and Conditions. Certificate must be deposited online at www.depositAAmiles.com to the AAdvantage® account of each winner. Mileage credit can be deposited only once on or before the expiration date. AAdvantage® travel awards, accrued mileage credits and special offers are subject to government regulations. For complete depositAAmiles program details, visit www.depositAAmiles.com. For complete AAdvantage® program details, visit www.aa.com/aadvantage.
WINNER SELECTION AND AWARDING OF PRIZES. On or about September 27, 2014, Administrator will judge each entry based on the following equally weighted criteria:
- Caption and photo adhere to the theme; and
- The submission is memorable.
The one entrant whose entry receives the highest total score among all judging criteria will be the grand prize winner, subject to verification. The two entrants whose entries receive the second and third highest total scores among all judging criteria will be the honorable mention winners, subject to verification. In the event of a tie, the tie-breaker will be based upon the highest score in the first judging criteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above.
Potential winners are subject to verification, including verification of age.
The potential winners will be notified by Instagram direct message on or about September 27, 2014. Potential winners will have 72 hours to respond to the direct message. The potential winners may be required to sign an affidavit of eligibility (which affirms that he/she has complied with these rules) as well as a liability release, and where legal, a publicity release, each of which, if issued, must be completed, signed and returned within fourteen (14) days from date of issuance, or the Prize may be forfeited and awarded to an alternate winner. If a potential winner is found not to be eligible or in compliance with these Official Rules, if any Prize, Prize notification, or attempted notification is returned as undeliverable, or any potential winner does not respond to the direct message within the time allotted, the potential winner may be disqualified (and Prize may be forfeited) in Sponsor’s sole discretion. In the event that any potential winner is disqualified for any reason, Sponsor reserves the right to award such potential winner’s Prize to an alternate winner, who will be selected in a fair and equitable manner as determined by Sponsor.
Except where prohibited by law, acceptance of a Prize constitutes each winner’s consent (which each winner agrees to confirm in writing if requested) to use his/her name, likeness, and/or photograph in any and all media now known or hereinafter invented without territorial or time limitations and without further compensation for advertising, promotional and publicity purposes by Sponsor. By accepting Prize, winner acknowledges compliance with these official rules. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
OWNERSHIP: By accepting a Prize, each winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that such winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, each winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
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. Each winner is solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Administrator or Sponsor with valid identification and a signed IRS Form W-9 before any Prize will be awarded. You must contact your own tax advisor for any questions concerning taxes.
OTHER CONDITIONS. To the extent applicable, if any entrant or Prize winner is domiciled in Puerto Rico, these rules will be interpreted to comply with the laws of Puerto Rico. By participating, entrants agree to these Official Rules, which are final and binding in all respects and are subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its sole discretion, to modify, cancel, or suspend this Contest, 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 entrants, 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 Contest, (b) the Contest 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 Contest is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall (in its sole discretion) have the ability to award the Prizes to winners to be selected in a fair and equitable manner as determined by Sponsor.
By entering, entrants agree (and agree to confirm in writing) to release and hold harmless Sponsor, Administrator, and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents and Instagram LLC (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 Contest or awarding, receipt, possession, acceptance and/or use of any Prize or participation in any Contest-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. 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) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software, computer system, or program malfunctions or failures (whether human or technical in error), (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries/mail which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete and/or postage due (or any combination thereof). Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods may void that entrant’s entries and that entrant may be disqualified, in Sponsor’s discretion. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with this Contest in any way shall be disqualified (and his/her entry shall be void). Additional restrictions may apply.
DISPUTES.Entrants agree (and agree to confirm in writing) that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Contest but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant 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 entrant and Sponsor in connection with the Contest, 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 Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Promoter, not Instagram. The information you provide will only be used for the purpose of facilitating the Contest unless you have agreed to its use for any other purpose. By entering the Contest, all Participants agree to give Instagram a complete release from any and all legal liability in connection with the Contest.
WINNER’S LIST. The names of the winners will be posted on www.passionpassport.com on or about September 28, 2014 and may be posted to Passion Passport and American Airlines social media.
ADMINISTRATOR. Passion Passport, 185 Washington Park, 4th floor, Brooklyn, NY, 11205.
SPONSOR. American Airlines, Inc., 4333 Amon Carter Blvd., Ft. Worth, Texas 76155.
A portion of all travel booked on American Airlines may be American Eagle® service. American Eagle® service is operated by Envoy Air Inc., SkyWest Airlines, Inc., ExpressJet Airlines, Inc., or Republic Airline Inc.
AmericanAirlines, AAdvantage, Admirals Club, AAdvantage Million Miler and American Eagle are trademarks of American Airlines, Inc.
oneworld is a trademark of oneworld Alliance, LLC
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