THE AMERICAN AIRLINES “VACATIONABILITY” SWEEPSTAKES
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
2. TO ENTER. Between 12:00:00pm Central Daylight Time (“CDT”) on February 23,2017 and 5:00:00pm Central Daylight Time (“CDT”) on March 22,2017 (The “Promotion Period”), complete an official entry form online in the manner listed below. All entries must be received by 5:00:00 p.m. CDT on March 22, 2017. Once submitted, all entries/entry information become the exclusive property of American Airlines, Inc. (“American Airlines” or “Sponsor”) and will not be acknowledged nor will they be returned. Sponsor’s computer is the official time-keeping device for the Sweepstakes. All interpretations of these official rules (“Official Rules”) and decisions made by Sponsor relating to this Sweepstakes are final and binding.
During the Promotion Period, complete an official entry form by visiting https://secure.fly.aa.com/vacationability and complete all required fields on the entry form and submit as requested to receive one (1) entry into Sweepstakes. Only fully completed entry forms are eligible. Limit: one (1) entry per person. Entrant agrees to receive one (1) email from Sponsor and/or Administrator (as defined below) confirming their entry.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”.
3. ELIGIBILITY. Sweepstakes is only open to individuals legally residing in the (50) United States or the District of Columbia and who are at least 18 years of age (19 in Alabama and Nebraska) or older at the time of entry. Employees and agents of Sponsor, Administrator and each of their parents and affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ and agents’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win the Sweepstakes. Void where prohibited or otherwise restricted by law.
4. PRIZE DETAILS AND RELATED TERMS. Three (3) winners ( each, a “Winner”) will be selected. Each Winner will receive one (1) American Airlines Vacations (“ARV”) Certificate good for one (1) AAV Package (the “Prize”, and collectively, the “Prizes”) booked directly with AAV, with an approximate retail value (“ARV”) of $5,000 for each Winner. The total ARV of all of the Prizes is $15,000. The certificate will include instructions for the Winner’s on how to contact AAV and book their vacations. Winners can only redeem their Prize by booking the AAV Package through AAV Reservations. Prize cannot be applied to an existing AAV package itinerary. Prizes must include booking, at a minimum, flight and hotel. Prize must be booked by September 30, 2017 and travel must be completed by December 31, 2017. If for any reason, any Winner cannot book or travel by the dates specified by Sponsor, Winner will forfeit Prize and Prize will be null and void. Winners will only be taxed on the final cost of the Prize booked. If AAV Package booked is less than the Prize ARV of $5,000, Winner will not be credited or reimbursed for the remaining amount. Once booked, Prizes are subject to all standard AAV cancelation penalties and third-party fees. If cancelled, Prize will become null and void. Winners will not be reimbursed for any remaining balance as a credit toward future travel. All other AAV terms and conditions apply. Visit www.aavacations.com/terms.asp for details. Winners are responsible for any and all applicable fees, service charges, surcharges or passenger facility charges and all insurance costs, federal, state, local and foreign taxes, if any, gratuities, meals, incidentals and any other unspecified expenses associated with acceptance or use of the Prizes.
5. DRAWING AND AWARDING OF PRIZES. On or about March 30, 2017, a random drawing will be conducted by Sponsor’s independent judging organization (“Administrator”) from among all Eligible Entries received by Sponsor during the Promotion Period. The Administrator’s and Sponsor’s decisions will be final and binding in all matters relating to this Sweepstakes. The potential Winners will be notified by E-mail or by phone on or about April 11, 2017. The potential Winners may be required to sign an affidavit of eligibility (which affirms that he/she has complied with these Official Rules) as well as a liability release, and where legal, a publicity release (collectively, the “Affadavit”), each of which, if issued, must be completed, signed and returned within fourteen (14) days from date of issuance, or the Prize may be forfeited and awarded to an alternate Winner to be selected in a random drawing from among the remaining Eligible Entries. If any Prize, Prize notification or attempted notification is returned as undeliverable, the Prize may be forfeited and may be awarded to an alternate Winner to be selected in a random drawing from among the remaining Eligible Entries. Except where prohibited, acceptance of a Prize constitutes Winner’s consent to the use of his/her name, city, state, likeness, voice, statements and/or prize information without further compensation for advertising, promotional and publicity purposes by Sponsor. By accepting Prize, Winners acknowledge compliance with these Official Rules. If a potential Winner is considered a minor in his/her jurisdiction of residence, the foregoing documents must be signed by his/her parent or legal guardian and such Prize will be delivered to minor’s parent/legal guardian and awarded in the name of minor’s parent/legal guardian. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Prizes are provided “as is” and without any warranty of any kind. Prizes are non-transferable. No cash redemption or Prize substitution allowed by a Winner. Sponsor reserves the right to substitute Prize of equal or greater value if advertised Prize becomes unavailable. Limit one (1) Prize per email/person. Unclaimed prizes will not be awarded.
6. ODDS. Odds of winning depend upon the number of Eligible Entries received.
8. TAXES. Any valuation of the Prize stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to Winners as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely the Winner’s responsibility. Winners are solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Administrator or Sponsor with valid identification and a signed IRS Form W-9 before any Prize will be awarded. United States residents that win $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. You must contact your own tax advisor for any questions concerning taxes.
9. OTHER CONDITIONS. By participating, entrants agree to these Official Rules, which are final and binding in all respects. Subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its/their sole discretion, to modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Official Rules, or (c) the Sweepstakes is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prizes to a Winners to be selected in random drawings from among the remaining uncorrupted Eligible Entries.
10. RELEASE. By entering, entrants agree to release and hold harmless Sponsor, Administrator and each of their parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries/mail which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these Official Rules. Any entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply.
11. DISPUTES. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (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, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
The Sweepstakes Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of Fort Worth.
12. WINNERS' LIST. The names of the Winners will be posted on the AA.com® website at www.aa.com/promowinners after the winners have been confirmed.
13. ADMINISTRATOR. The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.
14. SPONSOR: American Airlines, Inc., 4333 Amon Carter Blvd., Ft. Worth, Texas 76155.
A portion of all travel booked on American Airlines may be American Eagle® service, operated by Compass Airlines, LLC, Envoy Air Inc., ExpressJet Airlines, Inc., Republic Airline Inc., SkyWest Airlines, Inc., Air Wisconsin Airlines Corporation, Mesa Airlines, Inc., PSA Airlines, Inc., Piedmont Airlines, Inc., or Trans States Airlines, LLC.
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