VIRGIN AMERICA #PLANEPITCH CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
ELIGIBILITY: The Virgin America #PlanePitch Contest (the "Promotion") is open only to individuals who are legal residents of the fifty (50) United States of America or the District of Columbia who are twenty-one (21) years of age or older at the time of entry. Employees, officers and directors of Virgin America Inc., HereOnBiz, Inc., Gogo, LLC and their immediate family members (spouse, parents, siblings, and children) and members of the same household (whether or not related), are not eligible. Individuals who meet the above requirements are referred to as "Eligible Entrants."
AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant's full and unconditional acceptance of these Official Rules and the decisions of Sponsor, which are final and legally binding. The Promotion is subject to all applicable federal, state, and local laws. Void outside the United States and where prohibited by law.
SPONSOR: The Sweepstakes is sponsored by Virgin America Inc., 555 Airport Blvd., Burlingame, CA 94010 ("Virgin America" or "Sponsor"). This Sweepstakes is not sponsored, endorsed or administered by, or associated with, HereOnBiz, Inc., Gogo LLC or Twitter.
ENTRY PERIOD: Submissions for the Grand Prize must be received between 12:00:01 a.m. Pacific Time ("PT") on February 11, 2014, and ends at 11:59:59 p.m. PT on March 24, 2014 (the "Promotion Period"). Virgin America's computer system is the official time-keeping device for the Promotion.
In addition, the Promotion consists of six (6) entry periods for the weekly winners (each an "Entry Period") as outlined in the chart below:
||Start Date (at 12:00 a.m. PT)
||End Date (at 11:59 p.m. PT)
||Approximate Selection Date
||February 11, 2014
||February 17, 2014
||February 20, 2014
||February 18, 2014
||February 24, 2014
||February 27, 2014
||February 25, 2014
||March 3, 2014
||March 6, 2014
||March 4, 2014
||March 10, 2014
||March 13, 2014
||March 11, 2014
||March 17, 2014
||March 20, 2014
||March 18, 2014
||March 24, 2014
||March 27, 2014
ENTRY: At the beginning of each Entry Period, Eligible Entrants can simply go to www.planepitch.biz and using the forms on that page provide their ideal dream business seatmate along with their perfect plane pitch in 140 characters or less using hashtag #PlanePitch. Each tweet published to Twitter and publicly viewable with this information and using hashtag #PlanePitch will qualify as an entry (the "Submission").
The Submission must be the entrant's own original words, must be primarily in English, and must not contain any material that:
- violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights;
- depicts nudity or is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- promotes any illegal activities or any other activity that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is unlawful or violates the laws in any state where the Submission is created; or
- relates to lotteries, gambling, tobacco, alcohol or drugs.
Limitations on entry: Limited to one entry per person per Twitter account per Entry Period. Any attempt by any entrant to enter by using multiple/different email addresses, social media accounts, identities, registrations and logins, or any other methods will void that entrant's entry and that entrant may be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant and he/she must comply with these Official Rules. Potential Winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Multiple entrants are not permitted to use the same email address.
Invalid Entries. Use of any script, macro, or other mechanical or automated program to enter will result in disqualification and all such Submissions will be void. Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, inaccurate, delayed, stolen, garbled, unintelligible or misdirected entries, all of which will be disqualified. Proof of submission is not proof of receipt by Sponsor.
DETERMINATION OF WINNER: One weekly winner will be selected from among all Submissions meeting the entry requirements received from Eligible Entrants during each Entry Period (each a "Winner"). One Grand Prize winner will be selected from all Submissions meeting the entry requirements received from Eligible Entrants during the Promotion Period (a "Grand Prize Winner").
A panel of qualified judges determined by Sponsor in its sole discretion will select the top Submission from among all eligible Submissions. Submissions will be judged based on the following criteria:
- Creativity/originality (50%)
- Fit to Contest Theme of providing entrants ideal dream business seatmate along with their perfect plane pitch in 140 characters or less using hashtag #PlanePitch (50%)
In the event of a tie, the entrant whose Submission received the highest Fit to Contest Theme score for the respective Submission type will be deemed the winner.
Each week there will be one Winner selected and prize awarded.
Decisions of the judges are final and binding. Only Winners will be notified. Entrants will not be notified if their Submission is disqualified or if their Submission does not win.
PRIZES: One Weekly Winner will win the following. Approximate retail value: $14.
- One single-use Gogo In-flight WiFi pass
One Grand Prize Winner will win the following and are valid through 12/31/14. Approximate retail value: $4,950.
- Elevate® Gold Status
- Complimentary Gogo In-flight WiFi passes
- Six Main Cabin Select roundtrip flights anywhere on Virgin America's domestic network. Other restrictions (like blackout dates) may apply and will be determined at the Sponsor's discretion.
PRIZE CONDITIONS: Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the stated prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is responsible for any applicable fees, surcharges, service charges associated with receipt or use of a prize. Winner is fully responsible for all applicable taxes (including income and withholding taxes). For prizes with a value of $600 or more, Sponsor will issue Winner an IRS Form 1099-MISC.
Winner is responsible for all transportation that is not set forth above, including without limitation, to and from the departing and arrival airports. All other expenses and costs not expressly stated in the prize description above including, but not limited to, ground transportation, meals, beverages, incidentals, taxes, passenger tariffs or duties, surcharges, airline or airport fees, service charges, facility charges, gratuities, optional excursions and purchases made during trip, are solely the Winner's responsibility. Travel must occur within the dates specified above. Travel is subject to availability. Released Parties are not responsible if travel is delayed, postponed or cancelled for any reason, in which event that portion of Prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. No refund or compensation will be made in the event of the cancellation, postponement or delay of any travel.
Elevate® Gold Status: Winner will receive Elevate Gold status good through the end of the 2014 Benefit Year. You will be required to have an active Elevate account in your own name in order receive the Elevate Gold Status benefit. If you are not already an Elevate Member, you will have the option to join the Elevate Program. If you currently have Elevate Gold status for the 2014 Benefit Year, you will receive Elevate Gold status for the 2015 Benefit Year. Membership in the Elevate Program, including the Elevate Benefits Program, is offered at the discretion of Virgin America. Participation as an Elevate Member is subject to any terms and conditions, rules, policies and procedures as posted at www.virginamerica.com that Virgin America may at its discretion change at any time without notice.
Gogo Session Passes: The single-use Gogo In-flight Wifi pass is a limited license to access Gogo’s on-board network. This license allows you to access the network on one Gogo-equipped Virgin America flight by December 31, 2014. The purchase and sale of this limited license is completed when the pass is awarded to you. This license has no cash value and cannot be refunded, transferred or assigned.
Gogo Annual Passes: The Gogo In-flight Annual Wifi pass is a limited license to access Gogo’s on-board network. This license allows you to access the network on Gogo-equipped Virgin America flights through December 31, 2014. This license is limited to 200 uses by December 31, 2014. The purchase and sale of this limited license is completed when the pass is awarded to you. This license has no cash value and cannot be refunded, transferred or assigned.
NOTIFICATION: The potential Winners will be notified by being tweeted from @VirginAmerica or via Direct Message on Twitter (in the sole discretion of Sponsor) provided at the time of entry on or around the third (3rd) day after applicable Entry Period ("Weekly Prize Notification"). The potential Grand Prize Winner will be notified by Direct Message on Twitter (in the sole discretion of Sponsor) provided at the time of entry on or around March 27, 2014 ("Prize Notification"). The potential Grand Prize Winner must, within three (3) days of the date of issuance, execute and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Publicity Release, or other document(s) required by Sponsor. In the event that the Prize Notification is returned as undeliverable, or the potential Winner is otherwise unreachable for any reason within the stated time, the Sponsor may award the prize to an alternate potential Winner.
Each Winner, by acceptance of a prize, hereby grants the right to publicize such Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.
TRANSFER OF OWNERSHIP / LICENSE TO SPONSOR: TRANSFER OF OWNERSHIP / LICENSE TO SPONSOR: As condition of entry into this Promotion, you represent, warrant and agree that (i) the Submission is your wholly original creation, (ii) you are the exclusive owner of all of the rights to the Submission, (iii) you have all rights necessary to transfer ownership of / license the Submission to Sponsor, and (iv) the Submission does not infringe on the intellectual property or any other rights of any third party. You further agree to, and hereby do, irrevocably assign to Sponsor all right, title and interest in and to the Submission including but not limited to all intellectual property rights therein, without additional compensation to the entrant except for the prize to Winner(s) as determined in accordance with these Official Rules.
GENERAL CONDITIONS: The decisions of the Sponsor are final and binding on all matters relating to this Promotion. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in their sole discretion. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, in whole or in part, if any fraud, virus or other problem corrupts the administration, security, or fairness of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize(s) from among the non-suspect eligible Submissions received up to the time of the impairment or cancellation. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, annoying, abusing, threatening or harassing any other entrant or Sponsor's representatives, or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
The Released Parties (as defined below) are not responsible for incomplete, inaccurate, misdirected, lost, delayed, stolen, postage-due, damaged, or garbled Submissions, entries, email or mail; or for lost, interrupted or unavailable telephone, computer network, social media network, Internet Service Provider (ISP), website, cable, satellite or other connections, computer hardware or software malfunctions or failures, or other errors or problems of any kind whether human, mechanical, electronic, computer or communication network, typographical, printing or otherwise relating to or in connection with entry into Promotion, administration of the Promotion, the processing of entries, the availability of Prizes or any portion of Prizes, the announcement of Winners or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury, death or damage to participants or to any other person or their computer or property related to or resulting from participating in this Promotion, accepting or using a Prize or downloading materials from or use of any website.
RELEASE, INDEMNITY AND LIMITATIONS OF LIABILITY: ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, HEREONBIZ, INC., GOGO, LLC, TWITTER AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF SUCH PARTIES' DIRECTORS, EMPLOYEES, OFFICERS, AND AGENTS, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES (COLLECTIVELY, "RELEASED PARTIES") FROM AND AGAINST ANY INJURIES, DEATH, LOSSES, DAMAGES, CLAIMS, ACTIONS AND OTHER LIABILITY OF ANY KIND RESULTING OR ARISING FROM THE SWEEPSTAKES OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED, INCLUDING, BUT NOT LIMITED TO, ALL MATTERS ADDRESSED IN THE GENERAL CONDITIONS ABOVE.
ENTRANT FURTHER AGREES THAT THE RELEASED PARTIES' LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, OR THE VALUE OF THE PRIZE IF THE ENTRANT WAS PROPERLY SELECTED AS A WINNER, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEYS' FEES. ENTRANT WAIVES ALL RIGHTS TO CLAIM ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.
DISCLAIMER OF WARRANTY: RELEASED PARTIES (I) MAKE NO WARRANTY, GUARANTY OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND (II) DISCLAIM ALL IMPLIED WARRANTIES.
GOVERNING LAW: All issues and questions relating to the Promotion or concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
ARBITRATION: All disputes, claims, controversies or causes of action arising out of or relating to this Promotion or the Official Rules (each, a "Claim"), shall be resolved exclusively by binding arbitration. Each Claim shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. The arbitration shall be administered by a single arbitrator appointed by the American Arbitration Association in accordance with its then-current Commercial Arbitration Rules. The arbitration will be conducted in the English language in the County of San Mateo, California. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
Entrants provide information to the Sponsor and not to any other social media companies involved that are not identified as a sponsor. Entrants will not be notified if their privacy settings preclude entry and could be disqualified. Each entrant gives their express permission to be contacted by the Sponsor, by @reply or Direct Message on Twitter for Promotion purposes only.
OFFICIAL RULES: To request a copy of the Official Rules, send an email to email@example.com or a self-addressed stamped envelope to Virgin America #PlanePitch ℅ Virgin America Inc., 555 Airport Blvd., Burlingame, CA 94010, Attn: Marketing & Promotions. Requests must be received by June 24, 2014. Vermont residents may omit postage for rules request.
WINNER'S LIST: For a list of Winners, submit your request to firstname.lastname@example.org by June 24, 2014.