Stay Golden : Virgin America

Virgin America "Stay Golden America" Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The Virgin America "Stay Golden America" Sweepstakes (the “Sweepstakes”) is open only to legal residents of California who are at least eighteen (21) years old at the time of entry and who did not purchase any products or services for the purposes of entering this Sweepstakes. Employees of Virgin America, ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void outside of California and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Virgin America, 555 Airport Blvd., 4th Floor, Burlingame, CA 94010. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Timing: The Sweepstakes begins on October 26, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on November 6, 2009 at 11:59 p.m. ET (the "Promotion Period"). Sponsor's computer is the official time-keeping device for the Sweepstakes.

4. How to Enter: During the Promotion Period, visit http://www.staygoldenamerica.com (the "Website") and follow the links and instructions to register for the Sweepstakes. Complete and submit the registration, including your first and last name, birth date, a valid email address and a valid phone number. P.O. Boxes not permitted. You will receive one (1) entry into the Sweepstakes. Additionally, upon submitting the registration, you will be prompted to upload one (1) image depicting why you are "golden" and one (1) optional 200 character or fewer description about why you are "golden", and one (1) optional link to a YouTube video depicting your "golden inspiration". (The registration, image and/or description and/or video link collectively, the "Submission"). Uploading a Submission is not required to receive a Sweepstakes entry, but may increase your chances of winning.

During the Promotion Period, individuals will be invited to vote for Submissions that are their favorite. You will receive one (1) additional entry into the Sweepstakes for every vote your Submission receives during the Promotion Period. Outside of awarding Sweepstakes entries for each eligible vote each a Submission receives, Sponsor will not consider the number of votes a Submission receives when selecting the potential Grand Prize winner.

By uploading your Submission, you agree that your Submission conforms to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Sweepstakes if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:
•   The image (if any) must be in jpg, gif, or png files;
•   The description of your image (if any) must be in English;
•   The description of your image (if any) must be 200 characters or fewer in length;
•   The video (if any) must be provided in the form of an embedded link to the video you posted on YouTube; and
•   The Submission cannot have been submitted previously in another promotion of any kind or exhibited or displayed publicly through any means.

Content Restrictions:
•   The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
•   The Submission should not feature brand names or trademarks except for Sponsor's mark, for which entrant has a limited license to use for the sole purposes of creating and uploading a Submission into this Sweepstakes;
•   The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
•   The Submission must not contain material that 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; and
•   The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.

For all Entries: Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 7, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

For all Entries and Votes: Multiple entrants are not permitted to use the same email address. Use of any automated system to participate or vote is prohibited and will result in disqualification.

In the event of a dispute as to any Submission or vote entered for a Submission, the authorized account holder, at time of entry or voting, of the email address used to register will be deemed to be the registrant or player. 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. The potential winner may be required to show proof of being the authorized account holder.

5. Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential winner from all eligible entries received during the Promotion Period, on or around November 9, 2009. The potential winner will be notified by email or phone. The potential winner will be required to sign and return to Administrator, within twenty four (24) hours of the time notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If the potential winner cannot be contacted, or fails to sign and return the Affidavit within the required time period, he/she forfeits prize. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, Administrator will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, if time permits, after which the prize will remain un-awarded. Acceptance of the prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's, name, city, state, likeness, photo, Submission and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 7, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

6. Prize: ONE (1) GRAND PRIZE:A trip for winner and up to ten (10) guests on an inaugural Virgin America flight to Fort Lauderdale, FL. Trip package includes roundtrip coach-class air transportation for winner and up to ten (10) guests from either San Francisco, CA or Los Angeles, CA (winner's choice) to Fort Lauderdale, FL; two (2) nights accommodations in a hotel of Sponsor's choice (six (6) single rooms, each double occupancy); admission to the Virgin America inaugural launch party; and roundtrip transfers between airport and hotel. Winner and any companions must be able to commence travel on November 18, 2009 and conclude travel on November 20, 2009, or prize will be forfeited. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, each travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor not responsible if the inaugural party is cancelled, delayed or postponed, in which event that portion of the prize will be forfeited and no substitution will be offered. Approximate Retail Value ("ARV"): $12,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.

7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Virgin America, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability:The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy and Sponsor’s Privacy Policy.

13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than March 9, 2010. For the Winner List, send an email with subject line: "Virgin America 'Stay Golden America' Sweepstakes, Winner List Request," to WinListRequests@eprizefulfillment.com.