Flexjet Winglet Photo Giveaway
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Entry Period: The FLEXJET WINGLET PHOTO GIVEAWAY (the “Giveaway”) begins 12:00:01 a.m. Las Vegas, Nevada time on October 22, 2019 and ends 11:00 p.m. Las Vegas, Nevada time on Sunday, October 24, 2019 (the “Giveaway Period”).
2. Sponsor: Flexjet, LLC, 26180 Curtiss Wright Parkway, Cleveland, Ohio 44143 (“Sponsor”). Promoter: Embraer Executive Jets, 1111 General Aviation Dr, Melbourne, FL 32935.
3. Eligibility: In order to be eligible for entry into the Giveaway, a participant must (i) attend the NBAA in Las Vegas, Nevada in person during the Giveaway Period, (ii) be a legal, permanent United States resident residing in the United States or the District of Columbia, and (iii) be at least twenty-one (21) years of age or older at the time of entry. Officers, directors, employees, and volunteers of the Sponsor, Promoter and its owners and affiliates, participating vendors, promotion or advertising agencies, or any other person involved with the design, production, execution or distribution of the Giveaway (the “Promotion Entities”), as well as the immediate family members and/or those living in the same household of each of the foregoing, are not eligible to participate in the Giveaway. No government officials are to participate, in any way, in this raffle. All federal, state, and local laws and regulations apply.
4. How to Enter: To enter the Giveaway, a participant must:
- Visit the following Instagram pages at https://www.instagram.com/flexjetllc and https://www.instagram.com/embraerexecutivejets/;
- Follow @flexjetllc and @embraerexecutivejets and;
- Share a photo of the participant with the Winglet at Embraer’s booth at NBAA, using the hashtag #WingletSelfie
- For each valid and complete post with hashtag submitted by an entrant during the Giveaway Period, the entrant will receive one entry (an “Entry”) into that day’s Giveaway drawing. Limit one (1) Entry per day per person. Sharing the same image more than once each day does not result in additional Entries and will not increase the participant’s odds of winning. Each Entry is only eligible for the Drawing (as defined in Paragraph 5 below) that occurs on the date on which the image with hashtag generating that Entry was posted.
Posts or comments that are (a) obscene, pornographic, violent, cruel, mean-spirited, offensive in any manner, or in any other way not suitable to be published (as determined by Sponsor in its absolute discretion) or (b) generated by script, macro or other automated means, or by any means that, as determined by Sponsor in its sole discretion, subvert the integrity of the Entry process (including without limitation comments created using multiple Instagram accounts controlled by the same individual), will be void and will not constitute an Entry into the Giveaway.
All Posts using the hashtag #WingletSelfie (whether or not such photos qualify as Entries) become the property of Sponsor.
If you opt to access the Giveaway via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Giveaway. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor is not responsible for any charges.
If you don’t have an Instagram account, you can become a member without charge by simply following the Instagram member instructions and accepting the terms and conditions of use at www.instagram.com. By posting a photo with the contest hashtag, entrants understand and agree that their posts may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public photos, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted throughout Sponsor’s and third parties’ digital and off-line social media, marketing and advertising properties.
5. Drawings: Winning participants (each a “Winner”) will be selected at random from all eligible Entries in a series of three (3) drawings (each a “Drawing”) held during the Giveaway Period as follows:
- October 22 Drawing – One (1) Winner selected
- October 23 Drawing – One (1) Winner selected
- October 24 Drawing – One (1) Winner selected
At the conclusion of each Drawing, all non-winning Photos and Entries submitted prior to such drawing become void and are no longer eligible to win the Giveaway. The Sponsor will, in its sole discretion, choose the most convenient means to notify each Winner, which means may include, without limitation, Instagram Direct Message or in person. Winners must respond with the information required in the prize notification in order to claim a prize (such as, by way of example, responding to a direct message with their contact information) within four (4) hours of Sponsor’s initiation of the communication, or as otherwise directed by Sponsor, in order to claim a prize, or an alternate Winner will be selected. Sponsor is not responsible for notifications that are misdirected or not received for any reason beyond Sponsor’s reasonable control, including without limitation incorrect or incomplete information or network, software or hardware failure. Sponsor’s decisions and interpretation of these Official Rules regarding the drawing and the Winner are final and binding in all respects. By submitting a Comment, entrants agree to be contacted by the Sponsor.
6. Prizes: Each Winner will receive a $500 credit which will be applied directly to a single hotel booking by Skylark prior to guest arrival. Credit is applicable to room rate, taxes and fees only; credit is not redeemable for incidentals or parking. There is no cash value and credit is not refundable in the event of a canceled booking. Credit must be used in a single stay, unredeemed credit is void. Credit is valid for one (1) year from issuing date (October 25, 2019). Credit redemption and hotel stay are restricted to those age 21 years or older. Each Winner is responsible for any and all applicable local, state, and/or federal taxes (if any) payable or otherwise incurred in connection with the Winner’s receipt of a Prize. Winners may not transfer or substitute any element of the Prize, and no cash equivalent is available. Notwithstanding the foregoing description, Sponsor reserves the right to substitute a prize of equal or greater value if Sponsor determines in its sole discretion that a Prize is unavailable for any reason.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. Odds: Odds of winning a Prize depend on the number of eligible Entries received.
8. Consent to Publicity: Acceptance of any Prize shall constitute the Winner’s (a) agreement and consent to Sponsor and its designees’ use of Winner’s name, city and state of residence or work, likeness, photo, avatar, account names and/or prize information in connection with this Giveaway (collectively, the “Attributes“), for promotional, advertising or other purposes, in any manner, perpetually, worldwide, royalty-free, in any and all media now known or hereafter devised, including the Internet, without limitation and without further compensation, notification, permission or other consideration, (except where prohibited by law), and (b) release of the Promotion Entities from all claims arising out of the use of such Attributes.
9. General Rules of Participation: By participating in the Giveaway, each participant agrees to be bound by these Official Rules and Sponsor’s interpretation of them, which is final in all respects. If Sponsor determines in its sole discretion that a Winner is ineligible or otherwise not in compliance with these Official Rules, the Winner may be disqualified and an alternative Winner may be selected by random drawing. All Giveaway materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) obtained where prohibited, or (d) they contain material printing, typographical, mechanical, or other errors. Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Giveaway if any portion of the Giveaway is compromised by activities beyond the reasonable control of Sponsor which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play of the Giveaway. Entrants may obtain a list of Winners after October 25, 2019 by sending a self addressed, stamped envelope to EMBRAER FLEXJET WINGLET PHOTO GIVEAWAY, 26180 Curtiss Wright Pkwy, Cleveland, OH 44143. Vermont residents may exclude return postage.
10. Release and Limitations of Liability: By participating in the Giveaway, each participant releases and holds harmless each of the Promotion Entities and Instagram and its affiliates (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of a Prize, including without limitation: (a) any technical errors that may prevent a participant from submitting a Comment or valid Entry; (b) unauthorized human intervention in the Giveaway; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of Comments and Entries; (f) Sponsor’s actions in connection with Paragraph 8 above; or (g) injury, death, or damage to persons or property which may be result, directly or indirectly, in whole or in part, from a participant’s participation in the Giveaway or receipt or use of a Prize. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Referral. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, including any injury or damage to any person’s computer relating to or resulting from participation in the Giveaway or downloading any materials related to this Giveaway. The Released Parties are not responsible for the effects of any restrictions, terms and conditions or other policies established by the vendor of any element of a Prize. Each participant further agrees that in any cause of action in connection with this Giveaway, the Promotion Entities’ liability will be limited to the participant’s cost of entering and participating in the Giveaway, and the Promotion Entities will not be liable for attorney’s fees. For the avoidance of doubt, each participant agrees that costs arising in connection with communications hardware and data services are not a cost of entering and participating in the Giveaway. Each participant waives the right to claim any punitive, consequential, or indirect damages.
11. FORCE MAJEURE: If, for any reason, the Giveaway (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, terrorism or threats of terrorism, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and conduct the Giveaway in a manner which is fair, equitable and otherwise in accordance with these Official Rules, as determined by Sponsor in its sole discretion.
12. Choice of Law and Venue: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of any participant and Sponsor in connection with the Giveaway, will be governed by, and construed in accordance with, the substantive laws of the State of Ohio, without regard to choice of law rules. By participating in the Giveaway, each participant irrevocably consents to the sole and exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio for any action, suit or proceeding arising out of or relating to the Giveaway.