VIRGIN ATLANTIC AIRWAYS LTD.
"HOW DO YOU CLUBHOUSE?" CONTEST
No Purchase Necessary
Follow Virgin Atlantic Airways Ltd. ("Sponsor") on Instagram and upload a photograph of yourself in any Virgin Atlantic Clubhouse doing what you love to do, e.g., sipping a Virgin cocktail, catching up on some reading, having a meal or the like. Submit your photograph during the Contest Period (defined below) to Sponsor using hashtag #HowIClubhouse.
Eligibility. Persons who are 21 years or older, reside in the 50 United States or the District of Columbia, are not professional photographers, and have flown Virgin Atlantic within 12 months of submitting an entry to this Contest are eligible to enter. Employees of Virgin Atlantic and agencies involved in the design, execution or fulfillment of this contest may not enter or participate.
How to Enter.
Between 12:01 p.m., Eastern Time ("ET") on October 16 2012 and 11:59 p.m. ET on November 4, 2012 ("Contest Period") submit a photograph of yourself through Instagram or Twitter to Sponsor using the hashtag #HowIClubhouse. Your photograph should show you doing what you love to do at Virgin Atlantic Clubhouse; other people must not be identifiable in the photograph. The content of submitted photographs must be original, unpublished, created solely by the submitting entrant, must not have been submitted in any other competition, and must not infringe upon any third party's rights, including but not limited to copyright, trademark, and rights of privacy or publicity, and must not contain any inappropriate or offensive material in Sponsor's sole opinion, or unlawful information, or be obscene, defamatory or derogatory in any way, or violate any federal or state law or regulation. Submissions will not be acknowledged or returned. You may submit more than one photograph and each photograph submitted is a separate entry.
Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
Selection of Winners.
On or about November 5, 2012, employees or representatives of Sponsor will select up to 20 winners from the eligible entries received by the close of the Contest Period on the basis of originality and creativity (30%), photographic quality (30%) and execution of the "How I Clubhouse" theme (40%). The entries receiving the highest scores based on the criteria will be deemed the winners. The judges' decisions in all matters are final and binding.
Sponsor will notify the potential winners by placing a comment on each winning submission by November 5, 2012. If a potential winner fails to respond to the comment within 24 hours, is determined by Sponsor not eligible to win, or fails or refuses to complete, sign and deliver to Sponsor an Affidavit of Eligibility and Liability/Publicity Release and fully comply with the Official Rules, Sponsor will select on alternate winner.
Sponsor will cause the winning photographs to be displayed in the Virgin Atlantic Clubhouse at the Newark Airport from November 5, 2012 to December 5, 2012. Prize has no cash value. No cash awards, redemptions or substitutions permitted, except by Sponsor in its discretion.
By entering the Contest, you grant Sponsor a royalty-free, irrevocable, perpetual, worldwide non-exclusive license to use, reproduce, distribute, display and create derivative works of, each photograph you submit with or without a name credit, in whole or in part, in the Virgin Atlantic Clubhouse at the Newark Airport, on the Sponsor's website or in any other manner as you have submitted it or as modified by Sponsor in its sole discretion. Sponsor reserves the right to change, edit, modify or alter any submitted photograph in whole or in part in its sole discretion. Any photograph that Sponsor, in its sole discretion, deems inappropriate for publication or dissemination will be disqualified.
You will not be paid for any photograph you submit or for granting Sponsor rights to use it for advertising, commercial or non-commercial purposes. You acknowledge that your consideration for the rights you grant Sponsor in such photograph is, among other things, the possibility of Sponsor's use of the photograph.
You consent to the publication of your photograph, and to the use of your name and residence address as provided by you, including, without limitation, for purposes of advertising, promotion and publicity, all without compensation. The decision to post or use your photograph is solely within Sponsor's discretion, and Sponsor has no obligation to make any use of any photograph.
By entering the Contest, you agree to waive any right to claim any ambiguity or error in the Official Rules or the Contest itself, and agree to be bound by the Official Rules and by all decisions of the judges and/or Sponsor, whose decisions are binding and final.
All entries must comply with any and all terms, guidelines and policies of the applicable social media. This Contest is not sponsored, endorsed or administered by any social media. All information submitted by entrants is submitted to Sponsor, not any social media. To the extent of any conflicts between these Official Rules and the social media terms, guidelines or policies of the applicable social media, these Official Rules will apply.
In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the Authorized Account Holder of the email address associated with the winning entry. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual tampering with the entry process or the operation of the Contest or its web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability; Disclaimer of Warranties.
ENTRANTS AND WINNER AGREE TO RELEASE AND INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS parent companies, subsidiaries, affiliates, partners, representatives, agents, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, successors, assigns, employees, officers AND directors (COLLECTIVELY “released parties”) FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH OR PARTICIPATION IN THE CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE, MISUSE OR NON-USE OF ANY PRIZE ELEMENT OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. ENTRANTS AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE PRIZE AND/OR THE CONTEST, AND DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $5.
WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZE ELEMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS PERMITTED BY LAW. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR THESE OFFICIAL TERMS AND CONDITIONS OR IN THE ANNOUNCEMENT OF ANY PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INABILITY ON THE PART OF THE WINNER OF A PRIZE TO HOST THE PARTY AS SCHEDULED DUE TO WEATHER CONDITIONS, FIRE, NATURAL DISASTER, INDUSTRIAL OR LABOR DISPUTE, WAR, TERRORIST ACTIVITY, HOSTILITIES, POLITICAL UNREST, RIOTS, CIVIL COMMOTION, OR ANY OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE RELEASED PARTIES.
Disputes; Governing Law.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Norwalk, Connecticut.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CONNECTICUT WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Fairfield in the State of Connecticut. The parties agree not to raise the defense of forum non conveniens.
Use of Data.
To obtain the name of the winners, send a self-addressed, stamped envelope after November 5, 2012 but before November 30, 2012 to: Attention: How Do You Clubhouse Contest, c/o Virgin Atlantic Airways Ltd., 75 North Water Street, Norwalk, Connecticut 06854.
Sponsor. Virgin Atlantic Airways Ltd., 75 North Water Street, Norwalk, Connecticut 06854.