OVERSTOCK.COM
"FLY AWAY TO RIO SWEEPSTAKES"
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER.
VOID WHERE PROHIBITED.
OPEN TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED
STATES (EXCLUDING HAWAII, ALASKA, PUERTO
RICO, THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND
POSSESSIONS), WHO ARE 18 YEARS OF AGE OR OLDER.
SPONSOR: OVERSTOCK.COM, INC., 6350 S. 3000 E., SLC, UT
84121
1.
PRIZES: One (1) qualifying Entrant will receive a prize
package consisting of the following: 1)
Two (2) Roundtrip Coach Class Travel Authorization Certificates (each a "Travel
Certificate") on American Airlines or
its Airline Associates (American Eagle or the AmericanConnection®
carrier from any city served by American Airlines or its Airline Associates in the 48
contiguous United States to Rio de Janeiro, Brazil, with an approximate retail value
(ARV) of $2,250 per Travel Certificate ($4,500 total); 3) six nights hotel stay (single room, double
occupancy) in the city of RIO de Janeiro, with an approximate retail value
(ARV) of $2,112; 4) $2,000 in cash. The total value of the prize package is
$8,612. Winners are responsible for the
full cost of transportation to and from the closest American Airlines departure
city and their place of residence. Winners are responsible for any and all
applicable fees, service charges, surcharges or passenger
facility charges, all insurance, federal, state, local and foreign taxes, if
any, gratuities, meals, incidentals and any other unspecified expenses
associated with acceptance or use of the Prize. Some of these taxes, fees and
other amounts may be due upon booking/ticketing the Travel Certificates.
Embargo dates and other restrictions may apply and are subject to change. Prize Winner
and his/her guest
are solely responsible for obtaining Passports, Visas and/or any other
governmental permissions required to travel to and from Prize destination. If Prize Winner and guest
are unable to obtain appropriate travel documents that permit travel, then
prize will be forfeited and an alternate winner may be selected. 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 prize of equal or greater value if advertised
prize becomes unavailable; provided no such substitute prize shall be from
American without its prior written consent. Any
federal and state taxes on the prize are the sole responsibility of the Winner.
No substitution or transfer of prize is permitted, except at the sole
discretion of Sponsor. The prize will be awarded, provided properly
claimed. Odds of winning depend on the
number of eligible entries received.
AMERICAN AIRLINES TRAVEL AUTHORIZATION
CERTIFICATE TERMS: Each Travel
Certificate may be used for air travel wholly on American Airlines or its
Airline Associates. Travel Certificates
are redeemable for air travel sold and originating in the forty-eight (48)
contiguous United States. Travel Certificates are not returnable or
redeemable for cash, except where required by law. Lost, stolen or damaged
Travel Certificates will not be replaced.
Travel Certificates have no implied warranties and are not credit or
debit cards. Travel Certificate
redemption is based on availability at the time of reservation, and must adhere
to applicable embargoed dates. Each
Travel Certificate is valid for one (1) year from the date issued. Expiration date cannot be extended. Travel using Travel
Certificates does not qualify for American Airlines AAdvantage®
mileage credit or elite status. American Airlines is not responsible for
products or services offered by other participating companies. For complete AAdvantage® program details, visit
www.aa.com/aadvantage. American Airlines
is not liable for any expense incurred as a consequence of a flight
cancellation or flight delay. American
Airlines reserves the right to revise the Travel Certificate rules and
conditions at any time without notice.
AMERICAN AIRLINES
TRAVEL TERMS. Travel for the Grand Prize winner and his or
her travel companion(s) must take place within one (1) year from the date the
Travel Certificates are issued. If the
Grand Prize winner is unable to travel by this date, the Grand Prize will be
forfeited. Travel must originate and end
at the airport nearest the Grand Prize winner's home that is served by American
Airlines or their Airline Associates.
Travel is subject to availability and certain other restrictions, which
are subject to change in the sole discretion of American Airlines. Winner's guest must be 18 years of age or
older if not a member of winner's immediate family and will be required to
execute and return a liability/publicity release (which must also be signed by
such guest's parent or legal guardian, if minor) prior to travel. The Grand
Prize winner and his or her travel companion(s) must travel together on the
same itinerary, including the same departure date, destination and return date. No stopovers are permitted on tickets issued as a prize; if a stopover
occurs, the prize will terminate at the stopover point and full fare will be
charged for the remaining segments, including the return, of the trip. Schedules subject to change without notice.
2.
ELIGIBILITY: The "Fly
Away to Rio Sweepstakes" ("the Sweepstakes") is open only to legal residents of
the 48
contiguous United
States (excluding Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, and
other commonwealths, territories, and possessions), who are 18 YEARS OF AGE OR
OLDER as of April 4, 2011 ("Entrant" or "Entrants"). Employees, their immediate
families (spouses, parents, children, siblings, and their
respective spouses), and household members (whether related or not) of
Overstock.com ("Sponsor") and Sponsor's affiliates, subsidiaries, divisions,
advertising and promotion agencies, including American Airlines, Inc. and 20th
Century Fox Film Corporation (collectively, "Sweepstakes Entities") are not
eligible to enter. Limit: one entry per person per day. Entries in excess of
this limit may be deemed void. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS
OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. Sponsor reserves the
right to verify eligibility qualifications of any winner. The Sweepstakes shall
be construed and governed according to the laws of the U.S.
3.
HOW TO ENTER: The Sweepstakes begins at 12 a.m. Mountain
Time on April 5, 2011 and ends at 11:59 p.m. Mountain Time on April 28, 2011.
All entries must be received during this period. To enter, go to the Rio
Boutique page on Sponsor's website located at: Overstock.com/RioPage and fill out the entry form.
By entering, Entrants agree to
comply with these Official Rules, including all eligibility requirements. To
enter, your computer must accept cookies, or any successor or similar
technology (now known or hereafter devised or discovered), which may be used by
Sponsor for the purposes of entry tracking and for other purposes set forth in
Sponsor's Privacy Policy. Sweepstakes Entities are not responsible or liable
for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted,
illegible or misdirected entries.
Sweepstakes Entities assume no responsibility for any computer,
telephone, cable, network, satellite, electronic or Internet hardware or
software malfunctions, failures, connections, availability, or illegible
transmissions, or service provider/Internet/website/use net accessibility or
availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right, at its sole
discretion, to disqualify any individual it finds, in its sole discretion, to
be tampering with the entry process or the operation of the Sweepstakes or
Website; to be in violation of Sponsor's website User Agreement; to be acting
in violation of the Official Rules; or for any other reason as determined by
Sponsor in its sole discretion. Use of robotic, automatic, macro, programmed,
or like entry methods is prohibited and will void all such entries by such
methods and invalidate the Entrant. In
the event of a dispute as to entries submitted by multiple users having the
same email address, the authorized subscriber of the account used to enter the
Sweepstakes at the actual time of the entry will be deemed the valid
Entrant. The Authorized account
subscriber is deemed to be the natural person who is assigned an email address
by an Internet access provider, online service provider or other organization
which is responsible for assigning email addresses, or the domain associated
with the submitted email address.
4.
DETERMINATION OF WINNER:
Potential winners of the prize package will be selected in a random
drawing conducted by Sponsor at its place of business on or about April 29,
2011. Sponsor will notify potential
winner by e-mail message or phone. The winner will be determined after the
random drawing, notification of potential winner by Sponsor, response from
potential winner, completion by potential winner of required forms and
agreements, and verification by Sponsor of the potential winner's eligibility.
Sponsor, in its sole discretion, shall choose the Winner, which decision shall
be final. If a potential winner fails to respond, complete required forms or
verify his/her eligibility, an alternate winner will be selected from among the
applicable pool of Entrants.
5.
PRIVACY: Personal
information submitted in connection with the Sweepstakes shall be treated in
accordance with these Official Rules and Sponsor's Privacy Policy located at www.support.overstock.com. By entering, Entrants consent to the receipt
of promotional materials from Sponsor. Additionally,
if an Entrant chooses to opt-in to receive additional email communications from
other Sponsor-related Sweepstakes Entities, such information shall be subject
to the respective Sweepstakes Entity's privacy policy and terms of service.
6.
PUBLICITY: Where permitted by law and Sponsor's Privacy
Policy, winner and winner's guest agree to grant to Sponsor and Sponsor'
licensees, affiliates and assigns, the right to print, publish, broadcast and
use, worldwide, in any media now known or hereafter developed, including but
not limited to the world wide web, at any time or times, the winner's name,
portrait, picture, voice, likeness and biographical information as news or
information and for advertising and promotional purposes without additional
consideration; and further without such additional compensation, appear for, or
provide biographical information for use in, any presentation or other activity
which may include filming/audio/video/electronic or other recordings and/or
interviews as may be determined by Sponsor.
Failure to make such appearances or grant such rights may result in
disqualification with an alternate potential winner selected from eligible
entries previously received and in accordance with these Official Rules; and
Sponsor will bear such reasonable costs and expenses which Sponsor, in its sole
discretion, deems appropriate for winner to appear for a presentation or other
activity.
7.
GENERAL
CONDITIONS: Potential Winner and
Guest are required to complete, sign, notarize and return within 10 days of
notification, any applicable documents sent by Sponsor related to the
Sweepstakes, including but not limited to the Sweepstakes "Winner Agreement"
which includes an "affirmation of eligibility," a "publicity release" and a
"waiver of liability". If Potential Winner or guest fails to return
documents as specified or if the prize notification is returned as
undeliverable, the Entrant will be disqualified, and an alternate potential
winner will be selected from eligible entries previously received. Sponsor
reserves the right to modify, suspend or terminate the Sweepstakes by giving
such notice in any form and manner deemed appropriate by Sponsor, in which
case, the Prize will be awarded from all eligible entries previously received
up to (or if applicable, after) the modification, suspension or termination
date and in accordance with these Official Rules.
8.
DISCLAIMER: IN NO EVENT WILL ANY
OF THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES
OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES AND YOUR ACCESS
TO AND USE OF INTERNET SITE WWW.OVERSTOCK.COM,
OR OTHER SPONSOR INTERNET SITES. WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS 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. THESE LIMITATIONS OR
EXCLUSIONS DON'T APPLY WHERE PROHIBITED BY LAW.
9.
INDEMNITY: By
entering this Sweepstakes, each Entrant and guest agrees to release and hold
harmless each Sweepstakes Entity and their respective employees¸ officers,
directors, representatives, and agents from any injury, loss, death, damage,
action, claim, demand or other liability that may occur from Entrant's
participation in the Sweepstakes or from the acceptance, possession, use or
misuse of any prize awarded, or participation
in any Sweepstakes-related activity.
10.
DISPUTES: As a condition of participating in the
Sweepstakes, Entrant agrees that any and all disputes which cannot be resolved
between the parties, and causes of action arising out of or connected with the
Sweepstakes, shall be resolved individually, without resort to any form of
class action, exclusively, before a court located in the State of Utah, County
of Salt Lake, having competent jurisdiction, which Court shall apply the laws
of the State of Utah without regards for doctrines of Conflict of Law. Further, in any such dispute, under no
circumstances will Entrant be permitted to obtain awards for, and hereby waives
all rights to claim punitive, incidental, or consequential damages.
11.
WINNERS' LIST: For the name of the prize winner, available
after May 18, 2011 and for one year thereafter, mail a self-addressed, stamped
envelope to: "Fly Away to Rio Sweepstakes," Overstock.com, Inc., 6350 S. 3000
E., SLC, UT 84121. Washington and Vermont residents may
omit return postage when requesting the name of the prize winner.
PRIZE PROVIDER: American Airlines,
Inc.; 4333 Amon Carter Blvd.,Fort. Worth, Texas 76155.
American Eagle and the AmericanConnection® carrier are regional airlines
associated with American Airlines, Inc.
American Eagle® service is operated by American Eagle Airlines, Inc., or
Executive Airlines, Inc., each of which is a wholly owned subsidiary of the parent
company of American Airlines. AmericanConnection® service is operated by Chautauqua
Airlines, Inc. which is an unaffiliated independent contractor.
AAdvantage, AmericanAirlines, American
Eagle and AmericanConnection
are marks of American Airlines, Inc.
EXHIBIT B
TRAVEL
CERTIFICATES - TERMS AND CONDITIONS
1.
Procedures
for requesting Travel Authorization Certificates (each a "Travel Certificate")
will be provided to Organization upon receipt of the signed Agreement. Travel
Certificates have no value except when redeemed in accordance with the terms
and conditions listed below. Travel Certificates are not transferable or
refundable.
2.
Travel
Certificates are subject to availability of promotional inventories and current
embargoed dates. Coach must be booked in "T" class, Business in
"U" class and First in "Z" class.
No open Travel Certificates are permitted. Embargoed dates may apply.
3. Travel Certificates provided in this agreement
cannot be bartered or sold for cash, or in lieu of cash payment.
4.
Travel
Certificates must be issued by the American Airlines Ticket Redemption Center
at 1-800-727-2142. Travel agencies cannot issue Travel Certificates.
5.
Any
applicable fees, taxes, surcharges, service charges or passenger facility
charges are the responsibility of the user and must be paid at the time the
Travel Certificate is issued. Taxes shall include all federal, state, local and
foreign taxes of any kind, and whether assessed for winning or otherwise coming
into receipt of the Travel Certificates, or in relation to use of the Travel
Certificates.
6. If Travel
Certificates are provided for fund-raising, the fund-raising activity cannot be
conducted by or in connection with a 3rd party (including, but not
limited to the offering of Travel Awards on public auction web sites); provided
nothing herein shall prevent the use of a 3rd party administrative
entity such as may be available to charitable organizations in the conduct of a
promotion.
7. Minors who are declared winners must be accompanied
on all prize flights by a parent or guardian.
8. Travel Certificates are valid
for travel only on American Airlines, American Eagle Airlines, Inc., Executive Airlines, Inc. or the AmericanConnection®
carrier (collectively referred to in this Exhibit B as "American
Airlines"). American Eagle and the AmericanConnection®
carriers are regional airlines associated with American Airlines, Inc. American Eagle® service is
operated by American Eagle Airlines, Inc., or Executive Airlines, Inc., each of
which is a wholly owned subsidiary of the parent company of American Airlines. The AmericanConnection®
service is operated by Chautauqua Airlines, Inc., an unaffiliated independent
contractor. Travel is not valid on flights operated under a code sharing agreement
with other air carriers.
9. Travel must be via the most
direct American Airlines routing. Unnecessary and circuitous routings,
connecting points and/or segments are prohibited. Stopovers, except for the
next connecting flight, are not permitted.
10. American
Airlines is not responsible for, and will not pay, expenses associated with
transportation on other carriers, ground transportation, excess baggage charges
or overnight lodging, if required.
11. If
American Airlines, for any reason, discontinues service to the selected
destination before the travel date, the user must select an alternate American
Airlines destination.
12. After a Ticket has been issued from a Travel
Certificate, an administrative service charge of $100.00 will be assessed for
any change requiring reticketing, such as a change of
origin or destination. Changes requiring
reticketing must have prior approval of ticket
authorizer.
13. After a
Ticket has been issued from a Travel Certificate, an administrative service
charge of $25.00 will be assessed for any changes regarding a date or time.
Changes requiring reticketing must have prior
approval of ticket authorizer.
14. After a Ticket has been issued from a Travel
Certificate, Customer must contact the Ticket Redemption Center or Reservations
prior to flight if they plan on canceling their ticketed reservation. In the event Customer fails to contact an
American Airlines representative through the Ticket Redemption Center or
Reservations, the ticket will default to a No-Show, and an administrative
service charge of $50.00 (Coach Class) $75.00 (Business Class) or $100.00
(First Class) will be assessed to reinstate the reservation.
15. Unused
Travel Certificates may be used at a later date (valid until travel expiration
of this contract), subject to a ticket reissue fee. Travel Certificates that
are not used by the expiration date of the contract will not be extended.
Credit will not be given for unused Travel Certificates.
16. Lost or
stolen Travel Certificates will not be replaced.
17. Passengers
are not eligible for AADVANTAGE® mileage credit or any other promotional
benefit that American may offer. AADVANTAGE® miles and/or stickers cannot be
used to upgrade.
18. Purchased
upgrades are permitted by paying the difference between the full fare for the authorized class of service and the next class of
service. Paid upgrades are only allowed for next cabin. Two cabin upgrades will
not be processed. Processing of purchased upgrades will be handled when
redeeming certificate through our Ticket Redemption Center and may not be
handled at airport ticket counters. Processing time is a minimum of 48 hours
based on hours of operation of Ticket Redemption Center.
