Delta Airfare Giveaway NO PURCAHSE NECESSARY; PURCAHSE WILL NOT IMPROVE CHANCES OF WINNING.

Transcription

1 Delta Airfare Giveaway NO PURCAHSE NECESSARY; PURCAHSE WILL NOT IMPROVE CHANCES OF WINNING. 1) The following are the rules and regulations (the Rules ) for the Delta Airfare Giveaway promotion (the Promotion ) sponsored by Race 13.1, LLC, a North Carolina limited liability company (the Sponsor ). These Rules will constitute the sole agreement between Sponsor and those participating in the Promotion (each, a Participant ). By participating, each Participant agrees to these Rules for the Promotion, and to all decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to adjust these Rules at its sole discretion through October 31, ) ELIGIBILITY: Participants in the Promotion must be natural persons who are legal residents of the State of North Carolina and at least eighteen (18) years of age at the time of participation. Members, managers, officers, directors and employees of Sponsor, any participating promotional companies and prize providers, their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers, and entities involved in the creation of Promotion materials, and members of the immediate family (spouse, children, siblings, parents) or persons living in the same household (whether or not related) of such persons, are not eligible to be Participants in the Promotion. Groups, clubs, organizations, commercial entities, and businesses are not eligible to participate in the Promotion. The Promotion is offered only to persons eligible to participate in the Promotion, and is not offered in any jurisdiction where prohibited. 3) PROMOTION PERIOD: The Promotion period commences on January 1, 2016, at 12:01:01 a.m., Raleigh, North Carolina time, and ends at the conclusion of the Promotion drawing, which is estimated to be no later than 1:30:00 p.m., Raleigh, North Carolina time on November 6, ) ENTRY: A Participant may enter the Promotion either: a) By registering for the 2016 City of Oaks Marathon, Half Marathon, 10k, 5k or Relay event (collectively the Race or Races ) and providing a valid Delta Skymiles number, either through cityofoaksmarathon.com OR in person through another registration opportunity as designated and provided at the sole discretion of Sponsor (Race registration times and dates are subject to change without notice); or b) By completing an entry form (without the requirement of a purchase) on the day of the Race at the site of the Race; or c) By mailing a written request for entry (without the requirement of a purchase) to: Delta Airfare Giveaway AMOE, c/o Race 13.1, LLC, 3803-B Computer Dr., Suite 205, Raleigh NC The written request for entry must state substantially as follows: Please enter the undersigned in the Delta Airfare Giveaway sponsored by Race 13.1, LLC in connection with the 2016 City of Oaks Marathon, Half 1

2 Marathon, 10k, 5k, Relay Event. The undersigned is an individual resident of the State of North Carolina, who is at least eighteen (18) years of age. The name, address, telephone number, and Delta Air Lines Skymiles number of the undersigned are as follows: [insert name]; [insert address]; [insert telephone number]. d) Any person who enters one (1) or more of the events constituting the Race will be automatically entered into the Promotion, IF they provide a valid Delta Air Lines Skymiles number when registering for the event, or any time prior to the drawing. Participants are not required to finish one (1) or more of the events constituting the Race to be entered into the Promotion. e) Entries into the Promotion are limited to one (1) per person. 5) WINNER SELECTION: There will be one (1) Grand Prize Winner selected from the total pool of Participants. Each Participant will be assigned a bib number (race number) prior to the Race Awards Ceremony. Participant bib numbers will be selected and assigned to each Participant in a method at the sole discretion of the Sponsor. During the awards ceremony for the Marathon event which is a part of the Race, one (1) bib number will be selected by random drawing from all bib numbers assigned in connection with the Promotion. The awards ceremony for the Marathon is estimated to start at 12:45:00 p.m., Raleigh, North Carolina time, on November 6, 2015, but may begin earlier or later at the sole discretion of Sponsor. The awards ceremony is expected to take place on the stage near the North Carolina State Bell Tower, as listed on cityofoaksmarathon.com, but may change locations without notice at the sole discretion of Sponsor. The persons to whom the bib number that is drawn is assigned, if present at the site of the drawing, will be the Grand Prize Winner. If the person to whom a bib number that is drawn is assigned does not present themselves at the site of the drawing within thirty (30) seconds after their name is first called, and at that time present to Sponsor suitable identification, they will be conclusively deemed to not be present at the site of the drawing and will forfeit their selection, in which event the process will repeat until a Contestant is selected and identified. The right to be the Grand Prize Winner is not transferable. 6) PRIZES/ LIMITS ON PRIZES AVAILABLE/ ODDS OF WINNING: a) The Grand Prize will consist of two (2) round-trip, coach airfares on the Delta Airlines flight from Raleigh Durham International Airport (RDU) to Charles De Gaulle Airport (CDG) with a departure date and time as allowed and approved at the sole discretion of Delta Airlines; and two (2) free entries into the April 9, 2017 Paris Marathon in Paris, France. b) The odds of a Participant being selected as the two Grand Prize Winner depends on the number of Participants. It is estimated that there may be as many as ten thousand (10,000) Participants, although there may be greater than such number of Participants. The odds of a Contestant winning the Grand Prize are 1 in the number of participants, which is estimated to be as many as 10,000. c) The Prizes will be awarded and/ or delivered in a method and format at the sole discretion of Delta Airlines. d) Prizes are not transferable and may not be given, bartered, sold, or exchanged for another prize. 2

3 7) WINNERS LIST: For the name of the winner, if any, send a self-addressed first class stamped envelope to: Delta Airfare Giveaway, c/o Race 13.1, LLC, 3803-B Computer Dr. Suite 205, Raleigh NC ) GENERAL CONDITIONS: a) By accepting a prize, where permitted by law, the Grand Prize Winner grants to Sponsor, Delta Air Lines, Inc., Raleigh Durham Airport Authority, and Sponsor s designee (which grant will be confirmed pursuant to a Publicity Release), its parents, subsidiaries and related companies, and those acting pursuant to the direction of Sponsor, 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 Contestant s full name, photo, picture, portrait, or other likeness, voice and indicia of persona, and biographical information, as news or information, and for advertising, trade, and promotional purposes, without additional compensation or consideration, and without notification, review or approval. b) As a condition of the award to the Participant of the Grand Prize the Contestant will be required to complete, execute and return to Sponsor an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release, within fourteen (14) days of the date of the drawing. In the event the Participant fails to timely return to Sponsor such items, or the Contestant is determined to not be an eligible Participant, the Grand Prize winner will be disqualified. c) All federal, state, and local income taxes with respect to any prize awarded are the sole responsibility of the Grand Prize Winner. As a condition of the award to the Grand Prize, prior to the award to the Participant of the Grand Prize the Participant will be required to (i) complete, execute and provide Sponsor with all applicable tax forms, and (ii) make appropriate arrangements for or with respect to the payment to the taxing authorities of all applicable income tax withholdings. In the event the Participant fails to provide Sponsor with such tax forms, or to make appropriate arrangements for or with respect to the payment to the taxing authorities of all applicable income tax withholdings, the Contestant will be disqualified. d) As a condition of Entry in the Promotion, Participant expressly agrees and permits Sponsor to provide Participant s registration information, including but not limited to: Full name, address, phone number, age, gender, home address, and Delta Air Lines Sky Miles number to Delta Air Lines, Inc. and Raleigh-Durham Airport Authority. By way of Entry into the Promotion, Participant agrees to have Participant s address added to the Raleigh-Durham Airport Authority newsletter distribution list. e) Any attempted participation in the Promotion by means other than those permitted by these rules and regulations, is void. Failure to comply with these Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify from the Promotion any Participant that Sponsor finds, in its sole discretion: to be tampering with the entry process, or the operation of the Promotion; to be acting, or be, in violation of these Rules; or to be acting in a non- 3

4 sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or interfere in any manner with any aspect or portion of this Promotion. Any use of robotic, automatic, macro, programmed, copied, or like entry methods, will void all such entries by any such methods, and will disqualify any Participant determined by Sponsor to have used any such method. f) Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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. g) In the event of disqualification of the Contestant, no alternate Contestant will be selected. 9) LIMITATIONS OF LIABILITY AND INDEMNIFICATION: a) If, for any reason, the Promotion is not capable of running as planned for any reason which Sponsor, in its sole discretion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right to terminate, modify or suspend the Promotion, in whole or in part, and if possible, to select the Participant from entries received prior to the action taken or as otherwise may be deemed fair and appropriate by Sponsor. b) Sponsor is not responsible for contacting any Participant if that Participant has changed contact information and failed to provide Sponsor with the proper contact information when such information is required. c) Sponsor Affiliates are not responsible for lost, late, incomplete, stolen, misdirected, illegible or postage-due entries; or any technical error or failure; or unauthorized human intervention; or for the inaccurate capture of entry or other information; or the failure to capture any such information. d) Each Participant, in consideration for its participation in the Promotion, releases and agrees to indemnify and hold harmless Sponsor Affiliates from any and all liability for any injuries, loss or damage of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or participation in any Promotion related activity, or participation in the Promotion. The Grand Prize Winners shall bear all risk of loss or damage to their prize after it has been delivered to the Participant. e) The term Sponsor Affiliates includes: Sponsor; Delta Air Lines, Inc. and its affiliates; Raleigh Durham Airport Authority; any participating promotional companies and prize providers; any participating advertising and promotional agencies, web masters and web suppliers; any entities involved in the creation of Promotion materials; any parents, affiliated and subsidiary companies of any of the foregoing; any successors and assigns of any of the foregoing; and any shareholders, partners, members, managers, officers, directors, employees, and agents of any of the foregoing. 4

5 10) ARBITRATION/ DAMAGES: Except where prohibited by law, Participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, or the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of North Carolina, U.S.A. pursuant to the Rules of the American Arbitration Association, then effective; (b) any and all claims, judgments and awards shall be limited to actual outof-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys fees; and (c) under no circumstances will a Participant be permitted to obtain an award for and Participants hereby waive all rights to claim 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. 11) MISCELLANEOUS: The Promotion is subject only to the laws of the State of North Carolina. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these rules and regulations, or the rights and obligations of Participants and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its choice of law rules. Sponsored by: Race 13.1, LLC DBA City of Oaks Marathon 3803-B Computer Dr. Suite 205 Raleigh, NC info@cityofoaksmarathon.com 5