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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.