1. NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.
2. TO ENTER. Between 12:00:01 a.m. Central Daylight Time (“CDT”) July 1, 2014 and 11:59:59 p.m. CDT August 31, 2014, complete an official contest entry form online at www.aa.com/roadwarrior. All entries must be received by 11:59:59 p.m. CDT on August 31, 2014. Once submitted, all entries become the exclusive property of American Airlines, Inc. (“American Airlines” or “Sponsor”) and will not be acknowledged nor will they be returned. Limit one (1) entry per person. Your entry into the Contest acts as a license agreement (“Terms Agreement”) between you and American Airlines concerning your submission (hereinafter referred to as (“Submission”)) and for good and valuable consideration, the receipt of which you hereby acknowledge, you agree to all terms and conditions found in the User Generated Submission License attached and made a part of these rules. By entering, each entrant warrants and represents the following with respect to their Submission: (i) entrant is the sole and exclusive owner of the Submission; (ii) the Submission is entrant’s own creation and is 100% original and (iii) the Submission will not infringe on any rights of any third parties, including but not limited to any third-party copyrights, trademarks and/or rights of publicity/privacy. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest. Sponsor reserves the right, in its sole and absolute discretion, to disqualify Submissions that (a) are inappropriate for any reason, including without limitation, that contain text that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, (b) 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, or (c) contains material that is unlawful, in violation of or contrary to the laws or regulations in any part of the eligible geographic territory.
3. ELIGIBILITY. Contest open to individuals legally residing in the fifty (50) United States, the District of Columbia and Puerto Rico who are 18 years of age or older (19 in Alabama and Nebraska) at the time of entry. Employees and agents of Sponsor, Prize Providers, and each of their respective 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 Contest. Void where prohibited or otherwise restricted by law.
4. PRIZE DETAILS AND RELATED TERMS.
· One (1) Grand Prize consisting of five-hundred thousand (500,000) American Airlines AAdvantage® miles, approximate retail value (“ARV”): $9,950; one (1) pair of Bose® QuietComfort® 15 Acoustic Noise Cancelling® headphones, ARV: $300, five (5) Rental Rewards Days from Avis®, ARV: $300; and one (1) prepaid gift card in the amount of $1,000 from Citibank. Cards are issued by Citibank, N.A. pursuant to a license from MasterCard International and managed by Citi® Prepaid Services. Cards will not have cash access and can be used everywhere MasterCard debit cards are accepted (approximate aggregate retail value (ARV) of the Grand Prize: $11,550);
· One (1) Second Place Prize consisting of three-hundred thousand (300,000) American Airlines AAdvantage® miles, ARV: $5,970; one (1) pair of Bose® QuietComfort® 15 Acoustic Noise Cancelling® headphones, ARV: $300; five (5) Rental Rewards Days from Avis®, ARV: $300; and one (1) prepaid gift card in the amount of $750 from Citibank. Cards are issued by Citibank, N.A. pursuant to a license from MasterCard International and managed by Citi Prepaid Services. Cards will not have cash access and can be used everywhere MasterCard debit cards are accepted (ARV of the Second Place Prize: $7,320); and
· Three (3) Third Place Prizes each consisting of two-hundred thousand (200,000) American Airlines AAdvantage® miles, ARV: $3,980; one (1) pair of Bose® QuietComfort® 15 Acoustic Noise Cancelling® headphones, ARV: $300; five (5) Rental Rewards Days from Avis®, ARV: $300; and one (1) prepaid gift card in the amount of $500 from Citibank. Cards are issued by Citibank, N.A. pursuant to a license from MasterCard International and managed by Citi Prepaid Services. Cards will not have cash access and can be used everywhere MasterCard debit cards are accepted (approximate aggregate retail value (ARV of each of the Third Place Prizes: $5,080; total ARV of all Third Place Prizes: $15,240).
Total ARV of all prizes: $34,110.
AMERICAN AIRLINES AADVANTAGE® MILES: American Airlines AAdvantage® miles may be used for air transportation on American Airlines or its “Airline Associates” (American Eagle® or American Connection® service), oneworld® carriers or select AAdvantage® participating airlines, car rentals, hotel stays and other awards available at AA.com/redeem. 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 their prize. Some of these taxes, fees and other amounts may be due upon booking/ticketing the AAdvantage® award travel. AAdvantage® flight awards are subject to, and the passenger is responsible for, the September 11th Security Fee of up to $10 per round-trip, applicable departure taxes, federal inspection fees, passenger facility charges of up to $18.00, depending on itinerary, and any other taxes and fees imposed by a government entity (U.S. or foreign) of up to $240 based on destination; total may vary slightly based upon currency exchange rate at time of purchase, as well as any fees or surcharges (including fuel surcharges) imposed by the carrier. U.S. government excise tax is a user tax to pay for airport construction and airway safety and operations. If ticketing is less than 21 days prior to departure, a $75.00 expedite charge will apply (waived for AAdvantage® Executive Platinum, AAdvantage® Platinum and AAdvantage® Gold members using miles from their account). A ticketing service charge of up to $35.00 will apply when ticketing via Reservations, American Airlines Travel Center or an Airport Ticket Office. (The ticketing service charge is waived for involuntary changes, reissued tickets, AAdvantage award tickets issued within 21 days of travel and an expedite charge has been collected, AAirpass® tickets, Government/military fare tickets, and prepaid tickets.) American Airlines AAdvantage® miles will be credited to the AAdvantage® account of each Winner, who must provide a valid AAdvantage® membership number in order to receive the mileage credit. American Airlines AAdvantage® miles awarded in this promotion will not count toward elite status qualification, Million Milersm status or any other promotional benefit that American Airlines may offer in the AAdvantage® program. Winners who are not AAdvantage® members may join at no cost online at www.aa.com and click on AAdvantage® or by calling the AAdvantage® membership desk at 1-800-882-8880. The credited miles may thereafter be redeemed in any manner consistent with the AAdvantage® program Terms and Conditions, which are subject to change at any time without notice and can be found at www.aa.com/aadvantage when you click on Program Details and then click on AAdvantage® Terms and Conditions. Determination of income tax liability on AAdvantage® travel awards is the responsibility of the Winner. American Airlines may, among other things, (i) withdraw, limit, modify, or cancel any award; (ii) change program benefits, mileage levels, participant affiliations, conditions of participation, rules for earning, redeeming, retaining or forfeiting mileage credit, or rules for the use of travel awards; or (iii) add travel embargo dates, limit the number of seats available for award travel (including, but not limited to, allocating no seats on certain flights) or otherwise restrict the continued availability of travel awards or special offers. American Airlines reserves the right to change the AAdvantage® program and its terms and conditions at any time without notice, and to end the AAdvantage® program with six months notice. American Airlines may make any one or more of these changes at any time even though such changes may affect your ability to use the mileage credit or awards that you have already accumulated. AAdvantage® travel awards, accrued mileage credits and special offers are subject to government regulations. American Airlines is not responsible for products and services offered by other participating companies. For complete AAdvantage® program details, visit www.aa.com/aadvantage. Sponsor is not liable for any expense incurred as a consequence of a flight cancellation or flight delay. Travel is subject to availability and certain other restrictions, which are subject to change in the sole discretion of Sponsor. Flight schedules subject to change without notice. AAdvantage® travel awards, accrued mileage credits and special offers are subject to government regulations. American Airlines is not responsible for products and services offered by other participating companies. For complete AAdvantage® program details, visit www.aa.com/aadvantage.
5. AWARDING OF CONTEST PRIZES. By or about September 22, 2014, the submitted contest writing tasks entries will have been judged by a panel of American Way magazine editors, whose decisions will be final and binding on all matters relating to this Contest, based on the following criteria: (i) creativity/originality (35%); (ii) clarity of expression and relevance to the questions asked (20%); (iii) description of entrant’s travel experiences (20%); and (iv) frequency of travel in the calendar year 2013 (25%). In case of a tie, the tie will be broken using the score for creativity/originality. On or about 9/26/14, five (5) finalists will be selected from among all eligible entries received based on their total score using the above criteria. Finalists will be contacted by an American Way magazine representative by phone within fifteen (15) days of selection. The American Way representative will review the reader voting phase of the contest with the finalists. If any finalist cannot be contacted by 9/30/14, such finalist will be disqualified and will forfeit the chance to win any prize, and an alternate finalist will be selected. The potential winners will be required to sign an affidavit of eligibility (which affirms that he/she has complied with these rules) as well as a liability release, and where legal, a publicity release, each of which, if issued, must be completed, signed and returned within fourteen (14) days from date of issuance, or the finalist slot will be forfeited and may be awarded to an alternate. Each finalist’s original entry will then be posted on www.aa.com/roadwarrior between November 1, 2014 and November 30, 2014 for purposes of inviting the public to vote for their favorite American Way Road Warrior entry. The finalist who receives the highest votes will be selected as the Grand Prize Contest Winner. The finalist with the second highest number of votes will be the Second Place Prize Winner, and the three remaining finalists will be the three Third Place Prize Contest Winners. Sponsor will contact winners by telephone and/or certified mail on or about December 3, 2014. If any prize, prize notification or attempted notification is returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner. Prize Winners should allow 6-8 weeks for delivery of prizes from Sponsor’s receipt of completed required documents. Except where prohibited, acceptance of a finalist position and/or a prize constitutes consent to use of his/her name and/or photograph without further compensation for advertising, promotional and publicity purposes by Sponsor. By accepting a finalist position and/or a prize, Contest participants 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 Winners. Sponsor reserves the right to substitute prize of equal or greater value if advertised prize becomes unavailable. Limit one prize per household/family. Sponsor is not liable for any expense incurred as a consequence of a flight cancellation or flight delay. Unclaimed prizes will not be awarded.
6. ODDS. Odds of winning depend in part upon the number of eligible entries received.
8. TAXES. Any valuation of the Prizes 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. Winner(s is/are) solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any Prize will be awarded. Any residents of the United States 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. Puerto Rico residents that win $500 or more in Prizes will receive a Form 480.6A, with a duplicate sent to the Puerto Rico tax authorities. You must contact your own tax advisor for any questions concerning taxes.
9. OTHER CONDITIONS. To the extent applicable to any registrant or Prize Winners domiciled in Puerto Rico, these rules will be interpreted to comply with the laws of Puerto Rico. By participating, entrants agree to these Official Rules, which are final and binding in all respects and are subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its sole discretion, to modify or suspend this 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 Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Contest is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prizes to Winners to be selected in random drawings from among the remaining uncorrupted eligible entries. By entering, entrants agree to release and hold harmless Sponsor: American Airlines, Inc. and Prize Providers: Bose, Avis, and Citibank, and each of their respective 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 Contest or acceptance or use of any Prize or participation in any Contest-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 Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, misdirected, illegible, unintelligible 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 rules. Any entrant who attempts to tamper with this Contest 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.
10. DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Fort Worth, Texas; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
11. WINNERS’ LIST. For a list of winners or a copy of these Official Rules, send a self-addressed, stamped envelope after 3/1/15 to: The American Way Road Warrior Contest Winners List, P.O. Box 619640, MD 5374, DFW Airport, TX 75261-9640. The winners will be featured in the 3/1/15 American Way® magazine and the website at www.americanwaymag.com on 3/1/15.
12. SPONSOR. American Airlines, Inc., 4333 Amon Carter Blvd., Ft. Worth, Texas 76155.
13. PRIZE PROVIDERS. Bose Corporation, 9 Technology Drive, Westborough, Massachusetts 01581; Avis Budget Group, Inc., 6 Sylvan Way, Parsippany, New Jersey, 07054; Citibank, N.A, 399 Park Avenue New York, New York 10022.
American Eagle® service is operated by Envoy Air Inc., SkyWest Airlines, Inc., ExpressJet Airlines, Inc., or Republic Airline Inc. American Connection® service is operated by Chautauqua Airlines, Inc.
American Airlines, AAdvantage, American Eagle, American Connection, American Way and Road Warrior are trademarks of American Airlines, Inc.
The Bose logo and logotype are registered trademarks of Bose Corporation.
The Avis logo and logotype are registered trademarks of Avis Budget Group, Inc.
Citi with Arc Design and Platinum Select are registered service marks of Citigroup Inc.
Citibank is not responsible for products or services offered by other companies.
Copyright 2014 American Airlines, Inc. All Rights Reserved.
USER GENERATED SUBMISSION LICENSE AGREEMENT
By entering the 13th Annual American Way® Road Warrior Contest entrant additionally agrees to the terms and provisions of this User Generated Submission License Agreement ("Terms Agreement"). The same shall be between you and American Airlines, Inc. (“American Airlines”) concerning your submission(s) containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ("Submission") for American Airlines consideration and possible use in connection with 13th Annual American Way® Road Warrior Contest (the “Contest”). For good and valuable consideration, the receipt of which you hereby acknowledge, you agree to the following:
1. You hereby grant American Airlines the following rights:
(a) An irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world without additional compensation; and
(b) The right to use your name, voice, image, likeness and biographical data in connection with both the Submission and the Contest, including, without limitation, in credits, advertising, publicity, Contest and marketing materials, except where legally prohibited.
2. You hereby acknowledge and agree that:
(a) American Airlines shall have the right to crop, edit, alter or arrange the Submission in any way it desires in American Airlines sole discretion;
(b) American Airlines shall not have any obligation to provide you with any credit when using your Submission, but in the event American Airlines chooses to provide you with credit the size and placement of the credit shall be at American Airlines sole discretion;
(c) No confidential or fiduciary relationship exists between you and American Airlines, and that no such relationships have been established by reasons of this Terms Agreement or by reason of my submission to American Airlines;
(d) You shall waive any "droit moral" or "moral rights" that you may have in the Submission;
(e) You will not issue any publicity concerning American Airlines and/or the Contest;
(f) You are not entitled to any compensation or other payment from American Airlines in connection with the Submission; and
(g) American Airlines has not made any promises or representations to you in order to induce you to provide the Submission.
3. You represent and warrant that:
(a) You have the full power and authority to enter into this Terms Agreement, to grant the rights herein and to perform all of your obligations set forth in this Terms Agreement;
(b) You are the author of the Submission and that each and every element of the Submission is an original work created by you;
(c) The Submission has not been previously published and has not won previous awards;
(d) You are the sole and exclusive owner of the Submission and all of the trademark and copyrights therein;
(e) No third party is entitled to any compensation or payment as a condition for American Airlines\ use and exploitation of the Submission;
(f) The Submission complies with the Contest Official Rules;
(g) The Submission, and each and every element therein, does not (i) infringe upon the copyright, trademark or other intellectual property right of any third party, (ii) violate the privacy or publicity rights of any third party, and (iii) contain any libelous or slanderous material or defame any third party; and
(h) The Submission does not contain any (i) pornography or sexually explicit content, (ii) criminal or illegal acts, and (iii) violent or dangerous acts.