ANA e-Newsletter SWEEPSTAKES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
SWEEPSTAKES ENTRY PERIOD: ALL NIPPON AIRWAYS (“ANA”) e-Newsletter SWEEPSTAKES (“Sweepstakes”) ENTRIES ACCEPTED BETWEEN 12:00 AM PACIFIC TIME (“PT”) ON NOVEMBER 1, 2013 AND 11:59 PM (PT) ON JANUARY 31, 2014 (“Sweepstakes Entry Period”).
- 1. One (1) winner wins roundtrip coach-class air transportation on ANA for two (2) from/to an ANA gateway airport nearest winner's residence in North America at the time of entry and Tokyo, Japan (“ANA Ticket”). NOTE: Winner is responsible for the transportation arrangements and costs to/from the nearest ANA gateway airport and place of departure/return.
- 2. Five (5) winners each win an Apple iPad Mini (“iPad Mini”).
All Nippon Airways Co., Ltd. (“Sponsor”) with its Sweepstakes coordinating office located at 2050 W. 190th Street, Suite 100, Torrance, CA 90504.
The Sweepstakes are available to persons who meet the eligibility requirements set forth below.
Eligibility Requirements: Sweepstakes entrants must meet all of the following eligibility requirements:
- · Entrants must be 18 years of age or older and a legal resident of the United States as of the date of entry.
- · Entrants must subscribe to the ANA e-Newsletter to be entered in the Sweepstakes.
- · Employees of ANA, its subsidiaries, affiliates, parent companies and joint venture companies, as well as members of their immediate families and households (including children and siblings and persons living in the same household) are not eligible.
How to Enter:
Enter the Campaign on ANA's North American website at www.fly-ana.com or at ANA's Facebook Fanpage (entry through ANA's Facebook Page requires entrant to be an existing or become a Facebook member)
Each entry must comply with the requirements below:
1) Entry Limit
- · Each entrant is permitted one entry in the Sweepstakes, which is submitted via the ANA e-Newsletter Sign Up form. An entrant may request Sponsor to delete his/her entry in the Sweepstakes. Upon deletion of the first entry, entrant cannot submit a second entry.
2) Entrant's Information
- · In order to enter, each entrant must provide the following personal information: first and last name, e-mail address, date of birth, and country of legal residence. ANA reserves the right to require proof of age and proof of residence. All information submitted by an entrant and/or a winner pursuant to the Sweepstakes is provided to ANA and its affiliates.
3) ANA e-Newsletter Subscription
- · At time of Sweepstakes entry, entrant must register for ANA e-Newsletter subscription, by filling in all the required entry fields and clicking the boxes indicating you would like to subscribe to ANA e-Newsletter and enter the Sweepstakes. ANA complies with all legal requirements regarding provision of promotional materials to consumers in the United States.
4) All entrants must agree to the following, among other things:
- · At the request of ANA, entrant must agree to sign an affidavit attesting to the truth of the facts in the entry, including attesting that he/she is in fact, the entrant.
- · Sponsor is not responsible or liable for: lost, illegible, incomplete, mutilated or stolen entries; errors appearing on the entry form, within these Official Rules, in any Sweepstakes related advertisements or other materials; or other errors of any kind whether mechanical, human, electronic or otherwise.
- · Entries that are late, illegible, incomplete, unreadable, damaged, delayed, lost, tampered with, incomprehensible, forged, mutilated, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified.
- · To enter the Sweepstakes, an entrant must submit all requested information on the entry form in English and entrant must be eligible to enter.
5) Selection of Winner:
- · On or before February 24, 2014, the ANA Ticket winner and one (1) alternate winner will be selected by a random drawing by a third party unaffiliated with ANA from all eligible entries. Thereafter, on or before February 24, 2014, the five iPad Mini prize winners and five alternate winners will be selected by a random drawing by a third party unaffiliated with ANA from all remaining eligible entries (not including the ANA Ticket winner and alternate winner).
- · In the event the ANA Ticket prize is forfeited for any reason, the prize will be awarded to the previously selected alternate winner. In the event that any of one of the five iPad Mini prizes is returned to ANA, the first returned prize received by ANA will be mailed to the first alternate winner, and so forth.
- · Announcement of the Sweepstakes' prize winners will be made by Sponsor no later than February 28, 2014.
- · All decisions in all matters relating to this Sweepstakes made by Sponsor are final and binding on all entrants.
- · Odds of winning depend on the total number of valid entries received during the Sweepstakes Entry Period. For example, if 5,000 valid entries are received, the odds of winning the ANA Ticket are 1-in-5,000, and the odds of winning an iPad Mini is 5-in-49,998.
- · The ANA Ticket winner will be notified by e-mail promptly following ANA's announcement of the Sweepstakes' prize winners (the “Award Letter”).
- · The ANA Ticket winner will be sent (via email and/or other method determined in the sole discretion of Sponsor) an affidavit of eligibility together with liability/publicity release (“Affidavit and Release”). Sponsor shall have no liability for any Award Letter or other form of winner notification that is lost, intercepted or not received by the potential winner for any reason.
- · The ANA Ticket winner must complete and return (as directed by Sponsor) the Affidavit and Release unless restricted by law, which must be received by Sponsor no later than 10 business days after the Affidavit and Release is sent to the winner (or such other time as determined by Sponsor in its sole discretion).
- · Additionally, any guest accompanying the ANA Ticket winner must complete, sign and return, where permitted by law, a publicity Release, prior to issuance of travel documents. If any guest is a minor, a parent or legal guardian of the minor must sign the documents on the minor's behalf and the minor must be accompanied by such parent or legal guardian.
- · In addition, in Sponsor's sole discretion, a potential ANA Ticket winner may be disqualified and required to forfeit the ANA Ticket prize, and the prize awarded to the alternate winner, if (1) a potential winner does not respond with all requested information to an email notification of the Award Letter within the required time after three (3) attempts; (2) an email notification of the Award Letter is returned as undeliverable after three (3) attempts; (3) a potential winner fails to complete, sign, notarize and return the required Affidavit and Release (and any other documents, if requested) within the required time; (4) any Award Letter, prize notification, documentation, or prize is returned as undeliverable for any reason; (5) a potential winner is ineligible or cannot be notified or contacted; (6) a potential winner is unable to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the email address associated with the winning entry (if requested); (7) a potential winner fails to respond to any requirement within the requested time period; or (8) a potential winner does not comply with the Sweepstakes' entry requirements and/or these Official Rules. Proof of response by a potential winner does not constitute proof of receipt by Sponsor. Sponsor is not obligated to leave voice mail, or answering machine or other message with a potential winner regarding any requirement or his/her failure to respond promptly to any requirement.
- · As a U.S. citizen or resident of the U.S. for tax purposes, before the ANA Ticket winner is entitled to receive the ANA Ticket prize, such winner is required to provide Sponsor with a valid, properly completed and executed IRS Form W-9 (in addition to any other requested information).
- · ANA is not responsible or liable for any delay in its receipt of or failure to receive any required responses from the ANA Ticket winner, for any reason.
6) Approximate Retail Value (“ARV”) of Prizes:
- · ARV of the ANA Ticket prize will vary based on the ANA gateway airport and airfare fluctuations, but is approximately $1,000.00 to $1,300.00. The ANA Ticket winner will be notified of the ARV at time of ticketing.
- · ARV of each Apple iPad Mini is $329.99.
7) Prize Restrictions and Fees Responsibility of Air Ticket Prize Winner:
- · All travel plans for the ANA Ticket winner and accompanying guest must be made at one time through the ANA office designated in the Award Letter sent to the winner.
- · Reservations for the roundtrip tickets must be made within four (4) weeks of ANA Ticket winner's receipt of the Award Letter and must be ticketed at least fourteen (14) days prior to departure.
- · Travel departure for roundtrip tickets may start as soon as 14 days after ANA's receipt of all required documents from the ANA Ticket winner, and travel must be completed by September 30, 2014. Roundtrip tickets require minimum stay of three (3) days and a maximum stay of one (1) month.
- · Travel dates are subject to availability and holiday/blackout dates.
- · All travel requests will be fulfilled based on availability.
- · If ANA Ticket winner is unable to make reservations within the required time period or travel within the date restrictions, the ANA Ticket prize will be forfeited, and may be awarded to the alternate winner, but the reservations for the alternate winner must be (i) made within four (4) weeks of alternate winner's receipt of his/her Award Letter with travel completed no later than September 30, 2014 and (ii) ticketed at least fourteen (14) days prior to departure.
- · ANA Ticket winner and accompanying guest must travel together on all flights associated with the ANA Ticket prize. The ANA Ticket prize is non-transferable, except to the extent that the winner may have one accompanying guest travel with the winner.
- · ANA Ticket winner and accompanying guest are solely responsible for compliance with all required visa, immigration and customs requirements for travel to and from Japan. No refunds or re-scheduling will be made if improper documentation or failure to comply with any of the rules and regulations of the travel provider results in denying boarding or entry, and the ANA Ticket prize will be forfeited.
- · Unless expressly stated otherwise, all expenses and applicable taxes or fees associated with the ANA Ticket prize or the use of the prize are not included and will be the sole responsibility of the ANA Ticket winner.
- · All travel costs, including but not limited to transportation, hotel and other costs, incurred by the winner and accompanying guest, to/from the nearest ANA gateway airport and place of departure/return, as well as transportation, hotel and other costs, incurred by the winner and accompanying guest, in Japan shall be the sole responsibility of the ANA Ticket winner.
- · ANA Ticket prize does not include departure taxes, inspection fees, airport taxes, and luggage fees (if applicable) from and to the selected ANA gateway airport and Japan, and such taxes and fees are the responsibility of the ANA Ticket winner. Payment for said taxes and fees by the ANA Ticket winner shall be paid in US Dollar by credit card.
- · ANA will determine, in its sole discretion, which ANA ticket office will issue the actual air travel tickets to the ANA Ticket winner.
- · All applicable taxes apply to the ARV, including applicable state and local taxes. For U.S. citizens and U.S. residents for tax purposes, the Internal Revenue Service (“IRS”) requires ANA to issue and file with the IRS Form 1099-MISC for each recipient of a prize whose value is at least $600. Reporting of any other applicable tax and payment of any applicable tax is the sole responsibility of the ANA Ticket winner.
- · The air travel tickets associated with the ANA Ticket prize are non-refundable, non-transferable, non-changeable once issued, and may not be used in conjunction with any other competition or offer. Upgrades and mileage credit are not permitted and tickets have no cash value other than fees paid once ticketed. No refunds or credit changes are allowed. If tickets are lost, stolen or expire prior to use (unless restricted by law), they will not be replaced. Credit for previous purchases is not permitted. All tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes.
8) General Conditions:
- · Any inquiries regarding the Sweepstakes or the Official Rules shall be made to the ANA e-Newsletter Sweepstakes office via email@example.com.
- · By entering this Sweepstakes, all entrants agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be final and binding in all respects on all entrants and cannot be appealed.
- · By entering, each entrant agrees and acknowledges that Sponsor and its parent company, affiliates, divisions, subsidiaries and advertising and promotions agencies, and Facebook and its parent company, affiliates, divisions and subsidiaries, and each of their respective employees, officers, shareholders, representatives, directors and agents (collectively, “Releasees”) are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible entries; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections, disconnections or transmission or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Sweepstakes including, without limitation, errors which may occur in connection with the administration of the Sweepstakes or the processing of entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by any prize or resulting from redemption, acceptance, possession, loss or use or misuse of any prize or from participating in the Sweepstakes or any Sweepstakes related activity; or (v) any printing, typographical, administrative, human or technological errors in any material associated with the Sweepstakes.
- · By entering, each entrant agrees and acknowledges that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook
- · By entering the Sweepstakes, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred not to exceed One Hundred Dollars ($100.00), including costs associated with entering the Sweepstakes, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, direct, indirect, incidental and/or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
- · In no event will Releasees be responsible or liable for any damages or losses of any kind, arising out of entrant's access to, use of, or downloading from and/or printing material downloaded from ANA's North American website or any other website associated with this Sweepstakes (“Website”).
- · Without limiting the foregoing, everything on any Website is provided “as is” without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Limitations or exclusions of liability for incidental or consequential damages and/or exclusions of implied warranties are subject to all applicable laws and regulations.
- · Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should an error, virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Sweepstakes and, in such situation, to select the winner from the eligible, non-suspect entries received prior to and/or after the such action or in such manner as deemed fair and appropriate by Sponsor.
- · Sponsor may prohibit participant from participating in the Sweepstakes or winning any prize if, in its sole discretion, it determines participant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives.
- · CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT OR ANY OTHER INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- · By entering the Sweepstakes, each entrant agrees and acknowledges that Sponsor and any of its designees may, without any limitation or further compensation, use his or her name, nick name, if any, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Sweepstakes or any other promotion, contest or sweepstakes sponsored by Sponsor, except where prohibited by law. For example, each entrant understands and agrees that if he/she is selected as a winner, such entrant's name, nick name, if any, may be publically announce on the Website and elsewhere.
- · All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and ANA in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules. The courts of the State of New York, County of New York and the United States District Court for the Southern District of New York shall have exclusive jurisdiction of any claim or controversy arising out of or relating to the Sweepstakes and these Official Rules.
- · These Official Rules are applicable only to entrants subject to the laws of the United States and the Sweepstakes are void were prohibited by law.
9) Winners/Official Rules:
For the names of the prize winners, available after February 24, 2014, or a copy of the Official Rules, send a self-addressed, stamped envelope (VT residents need not affix return postage on requests for Official Rules) to: All Nippon Airways Co., Ltd. Marketing Dept. 2050 W. 190th Street, Suite 100, Torrance, CA 90504 U.S.A. Please specify “Official Rules” or “Winners” of ANA e-Newsletter Sweepstakes. Requests must be received by March 31, 2014.