Official Rules
Official Rules
WIN A FLIGHT IN A MUSTANG SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: Open to legal residents of the United States including the District of Columbia who are eighteen (18) years of age or older in good physical condition whose health (or a specific medical condition whether known or unknown) does not prohibit or otherwise preclude flying in a two-seat, high-performance aircraft; in addition, due to physical limitations of the aircraft's cockpit and the nature of the Grand Prize, height/weight restrictions apply per Section 7 below. Employees and their immediate family members (parent, sibling, children and spouse, and a person residing in the same household whether related or not) of Airshowbuzz, LLC ("Sponsor"), and its parent and affiliated companies, subsidiaries, and its advertising and promotion agencies, and all other companies associated with the Sweepstakes, and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called "temporary employees," former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor, are not eligible to enter or win. Void in the U.S. Virgin Islands, Puerto Rico, all other U.S. territories and possessions, and U.S. military and diplomatic installations outside the contiguous United States. Void where prohibited by law.
2. Sweepstakes Period: The Sweepstakes begins on June 25, 2009 at 12:00 a.m. PDT and ends on November 15, 2009 at 11:59:59 p.m. PST, (the "Sweepstakes Period"). Sponsor, Sweepstakes Administrator, or Sponsor's duly authorized representative shall be the determiner of all sweepstakes-related time periods.
3. How to Enter: During the Sweepstakes Period, enter for free by going online to www.asb.tv/P-51 or to its Wireless Application Protocol (WAP) http://m.asb.tv equivalent and follow the instructions on screen to enter. You will be asked to provide basic contact information, including your name, date of birth, address, email address, and telephone number. Limit: one entry per person per day. All entries become the sole property of Sponsor, and receipt of entries will not be acknowledged or returned.
4. How to Win: Winner will be determined by a random drawing to take place on or about December 1, 2009. Prize winner will be notified by email and/or by telephone at Sponsor's discretion within 24 hours of said drawing. Upon receiving notification, winner must reply to Sponsor or Sponsor's authorized representative within 24 hours of said notification, or Sponsor may award the prize to the next eligible entrant.
5. Prize: Grand Prize. One (1) Grand Prize winner will receive a one (1) hour P-51 Mustang experience (including preflight checkout/aircraft taxiing, approximately 30 minutes of actual flight time) in a two-seat, high-performance, single-engine P-51 Mustang aircraft (the "Aircraft") in which aerobatic maneuvers may be performed, on a date/time/location to be solely determined by Sponsor and/or by prize provider following the awarding of the prize. Prize provider will supply flight-related safety equipment as required by law or that is deemed necessary by prize provider for winner's temporary Grand Prize use. Approximate retail value ("ARV"): $2,500.00. Make/model/features of prize subject to change at Sponsor's sole discretion. Prize includes roundtrip coach air transportation for one (1) person from a major airport near winner's residence; two (2) nights standard hotel accommodations (single room); and ground transportation between hotel and Grand Prize location. Travel/Hotel ARV: $700.00, depending upon winner's point of departure. Winner must travel on dates specified by Sponsor; alternative travel dates are not available. No travel extensions permitted. Winner must possess all necessary documentation required for air travel (e.g., valid photo identification and, if applicable, U.S. passport). Meals, gratuities, transportation to and from winner's home and airport, hotel and flight upgrades, fuel, rental car, incidentals, optional entertainment, departure taxes, customs/agriculture fees, and other expenses not specifically mentioned herein are the winner's responsibility. No responsibility is assumed by Sponsor for canceled, delayed, suspended or rescheduled events, and no refund or compensation will be made in such instance. Travel and accommodations are subject to availability. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor reserves the right to select airport, airline, hotel and ground transportation in its sole discretion. Airline tickets are nonrefundable and nontransferable and are not valid for upgrades or frequent flyer mileage accrual.
ALL FEDERAL, STATE, AND LOCAL TAXES, INCLUDING INCOME TAX, ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of the prize and its actual value will not be awarded. Winner agrees to accept prize "as is."
Total ARV: $3,200.00
6. Odds of Winning: Odds depend on the number of entries received during the Sweepstakes Period.
7. Restrictions: Awarding of the Grand Prize is in part contingent upon winner's height and weight status in accordance with the winner's physical capability to occupy the Aircraft's cockpit; such height/weight information must be provided to Sponsor upon Sponsor's request. In addition, Sponsor may require a licensed physician's written certification stating that the winner's health and medical status permits the winner to fly in a two-seat, single-engine, high-performance aircraft in which aerobatic maneuvers may be performed. Sponsor reserves the right to reschedule the Grand Prize due to weather or other applicable flying-related conditions, pilot illness or injury, Aircraft availability, the Aircraft's mechanical status, acts of God, terrorism, government order, or other unforeseen events. At no time shall winner be allowed to operate, be in control of, or otherwise fly, pilot, or maneuver the Aircraft in any form or manner. Flight plan and flight duration are subject to Sponsor's and/or Sponsor's designated pilot's sole discretion as well as weather/flying conditions. Prize is nonrefundable and nontransferable. Sponsor is not required to (but may, at its sole discretion) offer substitutions, a cash redemption or alternative to the Grand Prize awarded under this Sweepstakes. Sponsor reserves the right to substitute a prize (inclusive of use of aircraft make/model) of equal or greater value in the event the prize is unavailable. The prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize.
8. General Entry Rules: Any individual who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor or Sweepstakes Administrator, will be disqualified. Mutilated, edited, lost, illegible, or incomplete entries will be deemed ineligible, disqualified and void.
Sponsor, together with any Co-Sponsor, and Sweepstakes Administrator, and their respective parents, subsidiaries and affiliates, advertising and promotion agencies, suppliers (including all prize providers), printers, and distributors, and the respective officers, directors, employees, representatives and agents of each and any other person or entity related in any way to this Sweepstakes (collectively "Sweepstakes Entities"), are not responsible for late, lost, incomplete, misdirected, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in this Sweepstakes, or for any printing errors in these Official Rules. If by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes) the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and select the prize winner from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. At Sponsor's sole discretion, entrants and/or winners who do not comply with these Official Rules or otherwise attempt to interfere with this Sweepstakes in any way may be disqualified.
All decisions by Sponsor are final. If you do not agree to the terms and conditions of these Official Rules, DO NOT ENTER OR PLAY the Win a Flight In A Mustang Sweepstakes (the "Sweepstakes").
9. Release and Indemnification: By entering, entrants and winner agree to be bound by these Official Rules and the decisions of Sponsor, together with any Co-Sponsor and Sweepstakes Administrator, which shall be final for all purposes hereunder, and agree: (1) Sweepstakes Entities may use (unless prohibited by law) their names, likenesses, images, photographs, voices, cities/states of residence, and biographical information for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; and (2), entrants and winner acknowledge, understand, and agree that flying encompasses inherent risks of property damage, personal injury or death, and agree that the winner, assumes liability for, and all risks of, any and all injuries (including without limitation, personal injury or death) or damages caused, or claimed to be caused, by participating in the Grand Prize, and that winner, and winner's heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Sweepstakes Entities harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys' fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, rights of publicity (collectively the "Released Claims"), in any way arising directly or indirectly out of entrants' or winner's participation in the Sweepstakes and/or Prize, including travel to and from the Grand Prize location. Entrant hereby waives application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Sweepstakes. Entrants and the winner further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Sweepstakes.
In addition to the terms and conditions of the aforementioned Release Claims above, winner will be required to: (i) complete and sign an Affidavit of Eligibility and Publicity/Liability Release; (ii) provide accurate height/weight/age information; (iii) if so requested by Sponsor, winner shall provide medical status certification as referenced herein, and return the aforementioned materials to Sponsor or Sponsor's representatives, or prize may be forfeited and awarded to an alternate.
10. Miscellaneous Conditions: Except to the extent pre-empted by federal or other applicable state law, the Sweepstakes shall be governed by the laws of the State California, without giving effect to any conflict of law provisions thereof. By participating in the Sweepstakes, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the County of Los Angeles, State of California, having competent jurisdiction, which court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof. Any personal information supplied by any entrant to Sweepstakes Entities will be subject to ASB.TV privacy policies posted at http://www.asb.tv/privacy.php.
11. Winner's List and Official Rules: You may request the name of the winner and official rules by sending a self-addressed, stamped envelope by February 1, 2010 to Win A Flight In A Mustang Sweepstakes 1420 Ambassador St., Building 2, Suite 212, Los Angeles, CA 90035
12. Sponsor: Airshowbuzz, LLC, 1420 Ambassador St., Building 2, Suite 212, Los Angeles, CA 90035