2014 EAA "OH MY OSHKOSH!" SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
1. SPONSOR: The 2014 EAA "Oh My Oshkosh!" Sweepstakes (the "Sweepstakes") is sponsored by Experimental Aircraft Association, Inc. ("EAA"), a tax exempt, charitable organization under I.R.C. Â§501(c)(3). Participation in the Sweepstakes constitutes a participant's agreement to be bound by these Official Rules. A purchase or contribution will not improve your chances of winning. Any and all donations support EAA's mission to grow the next generation of aviators. Donations are always encouraged and welcome, and are tax deductible in the United States to the extent allowed by law. To obtain a copy of these rules by mail, send a self-addressed, postage paid (VT residents mailing from VT may omit return envelope postage), business-size envelope to Experimental Aircraft Association, Inc., P.O. Box 3117, Oshkosh, WI 54903-3117 (the "Sweepstakes Address").
2. ENTRY: Sweepstakes begins Wednesday, October 16, 2013, and ends Monday, June 30, 2014. To enter, you may Advance Purchase, at www.airventure.org/tickets, as many of the following items as you wish at any time through 11:59 P.M. CDT, June 30, 2014: (a) AirVenture(r) 2014 admissions; (b) Aircraft rides at AirVenture 2014 on EAA's B-17, Ford Tri-Motor or Premier Helicopter; (c) AirVenture 2014 Parking; (d) EAA AirVenture 2014 Cleared Direct T-Shirt; (e) AirVenture 2014 camping; (f) AirVenture 2014 Aviators Club tickets. Advance Purchasers will receive one "Oh My Oshkosh!" Sweepstakes Entry for each item purchased from the above list, subject to the limit on number of entries stated herein. Advance Purchases of any of the above items made at any time between October 16, 2013, and June 30, 2014 will qualify for Entries. There is a limit of ten (10) Entries per person. All Advance Purchases must be completed by 11:59 P.M. CDT on June 30, 2014 to qualify for the "Oh My Oshkosh!" Sweepstakes.
Alternative means of entry: Any eligible person may enter without making an Advance Purchase by mailing a postcard or 3" X 5" card to the Sweepstakes Address with the following information either typed or clearly hand-written: (a) "Oh My Oshkosh!" SWEEPSTAKES; (b) your name (first and last name); (c) your home address, including ZIP code; (d) your home telephone number (which may be your mobile phone number); and (d) your e-mail address. Each such card will be a single entry. By entering your personal, valid e-mail address you are agreeing to be on the online marketing and advertising list for EAA.
Mail-in entries may be sent either by U.S. Postal Service postage paid post card, or in a postage paid, business-size envelope, to the Sweepstakes Address. There is a limit of ten (10) entries per person regardless of means of entry. Folded, stapled, taped, laminated, or otherwise damaged or altered entry cards will not be accepted. EAA is not responsible for lost, stolen, misdirected, delayed, destroyed or illegible entries. Mailed entries must be postmarked by June 30, 2014, and received no later than 11:59 P.M. CDT, July 7, 2014. Each valid entry will receive an equal chance to win, regardless of how you enter.
All entries become the property of EAA and will not be acknowledged or returned. EAA reserves the right, at its sole discretion, to cancel, terminate or suspend the Sweepstakes in whole or in part should a cause or event beyond EAA's reasonable control affect the administration, fairness, proper play, or conduct of the Sweepstakes. Notice of any such event shall be posted at www.airventure.org/ohmyoshkosh. Participants agree to be bound by the decisions of the Sweepstakes judges and EAA with respect to the Sweepstakes, and such decisions shall be final. EAA reserves the right to disqualify any entrant who tampers or attempts to tamper with the entry procedure or the Sweepstakes or violates these Official Rules. EAA reserves the right to interpret these rules and all entrants agree to be bound by such interpretations.
3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all other territories) and Canada (excluding the province of Quebec) who are of the age of majority in the state or province in which they reside at the time of entry, but in no event less than 18 years of age. This Sweepstakes is not open to public sector employees where such an offer would violate laws, regulations or policies. Individuals who are an employee, officer or director of EAA, or its affiliates, advertising or promotional agencies or involved in the development or execution of the Sweepstakes, or an immediate family member of or household resident with any such person, are ineligible to enter or win.
Void where prohibited by law, rule or regulation.
4. PRIZES/APPROXIMATE RETAIL VALUE ("ARV"): After applicable verification and subject to compliance with these Official Rules, the following prizes will be awarded (All prize items will be available only at EAA AirVenture 2014):
One Grand Prize consisting of: (a) Two (2) B-17 Flights; (b) Two (2) Aviators Club weekly passes; and (c) Camp Scholler Improved Site or Fly-In Camping for entire AirVenture week from date of claim (up to 7 days) (Total ARV: $2,603 for EAA members; $2,723 for non-members).
Four Second Prizes, each consisting of: (a) Two (2) Ford Tri-Motor Flights; (b) Camp Scholler Regular Site or Fly-In Camping for entire AirVenture week from date of claim (up to 7 days); (c) Two (2) Aviators Club weekly passes (Total ARV: $1,725 for EAA members; $1,765 for non-members).
All ARVs are stated in U.S. Dollars. All prizes are provided by EAA. Limit one (1) prize per person (each prize in the Sweepstakes is referred to as a "Prize"). No transfer or substitution of any Prize permitted except where required by law. The odds of winning depend upon the number of entries received. For a full description of available prizes, visit www.airventure.org/ohmyoshkosh. Prize delivery will be at EAA AirVenture 2014 in Oshkosh, Wisconsin. All prizes must be claimed at or before AirVenture 2014, which ends August 3, 2014; Airplane rides will depend on space availability at time prize is claimed; Camping prizes will only be good from time of claim until close of AirVenture 2014 and location will depend on availability at time prize is claimed; Aviators Club will only be good from time of claim until close of AirVenture 2014; all prizes are subject to cancellation if fulfillment is prevented by weather or other reason beyond the reasonable control of EAA. Prize winners must comply with all rules and requirements applicable to the respective prizes. Winners are solely responsible for all applicable taxes. Any winner who has previously purchased an item which he or she wins as a prize will be refunded the price paid for such item. All reasonable efforts shall be made to award the prizes described. If for any reason a prize is unavailable or undeliverable, EAA reserves the right to substitute an alternative prize of equivalent or greater value. Prizes cannot be assigned, transferred, exchanged, or redeemed for cash.
5. RELEASE AND LIMITATIONS OF LIABILITY: PARTICIPANTS ACKNOWLEDGE THAT EAA HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATIVE TO ANY PRIZE, INCLUDING BUT NOT LIMITED TO QUALITY, DESIGN, MERCHANTABILITY, MECHANICAL CONDITION, CONSTRUCTION OR FITNESS FOR USE. ALL WARRANTIES ARE HEREBY DISCLAIMED BY EAA, AND THE WINNER ACCEPTS ANY PRIZE "AS IS." ANY DIFFERENCE BETWEEN THE STATED ARV AND THE ACTUAL VALUE OF ANY PRIZE AT THE TIME THE PRIZE IS ACCEPTED WILL NOT BE AWARDED.
BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS EAA, EAA AVIATION FOUNDATION, INC., AND THEIR AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, THE JUDGES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "PROMOTION PARTIES") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT, POSSESSION, OWNERSHIP OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE PROMOTION PARTIES' LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE PROMOTION, AND IN NO EVENT SHALL THE PROMOTION PARTIES BE LIABLE FOR ATTORNEYS' FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER.
Release of Claims (General). Each participant agrees to (i) indemnify and hold the Promotion Parties harmless from any and all liability resulting or arising directly or indirectly from the Sweepstakes, and (ii) release all rights to bring any claim, action or proceeding against the Promotion Parties. All participants hereby acknowledge that the Promotion Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by any Prize supplier that may accompany a Prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
Release of Claims (California). Each participant acknowledges that there is a possibility that, subsequent to his/her involvement with the Sweepstakes and adherence to this Official rules, s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time of agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Sweepstakes. Such participants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such participants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:
"A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Full Release. Notwithstanding such provisions of the California Civil code, this release shall constitute a full release in accordance with its terms. Such participants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Sweepstakes or compete for or receive a Prize. Such participants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.
6. SWEEPSTAKES DRAWING AND NOTIFICATION OF PRIZE WINNERS: All Prize winners will be selected in random drawings conducted by EAA to be held at EAA Headquarters at 3000 Poberezny Road, Oshkosh, Wisconsin, at 2:00 P.M. CDT on July 9, 2014. Drawing may be accomplished by a physical drawing of entry coupons from the entire body of coupons, or by use of computer generated random numbers, or by any other fair means, in EAA's sole discretion. Limit one prize per person. Random drawings for the Grand Prize and Second Prizes will be conducted in a single drawing session. During the drawing session, EAA will draw successive provisional winning entries to be used if any potential Prize winner for any reason does not claim the Prize for which his or her entry was selected, or is determined to be ineligible. The first selected entry will be awarded the Grand Prize, subject to confirmation of eligibility, Prize acceptance and entrant's compliance with the Official Rules. In the event the Grand Prize is not awarded to such entrant, the process will be repeated with the next selected successive entry, as necessary to award the Grand Prize. Following the determination of the Grand Prize winner, the next selected successive entry will be awarded a Second Prize, subject to confirmation of eligibility, Prize acceptance and entrant's compliance with the Official Rules. The process will be repeated with the next selected successive entry, and continued as necessary to award all four Second Prizes. As a condition of being awarded any prize, winners will be required to execute and deliver to EAA a signed affidavit of eligibility and acceptance of these rules; release of liability; and any other documents required to execute transfer of the prize. EAA will award prizes only upon winner verification and final approval. US prize winners will be required to provide EAA with a completed W-9 tax form prior to taking possession of their prizes. EAA will arrange with potential winners for completion and delivery of necessary documents. Inability to satisfactorily complete paperwork may result in a prize being awarded to another entrant.
Decisions of EAA regarding winner eligibility, notification, and acceptance or disqualification will be final and binding. Selected winners will be contacted by phone, mail or e-mail, and need not be present at the drawing to win. Non-compliance or the return of any Prize notification as undeliverable may result in disqualification and selection of an alternate winner. Canadian residents must correctly answer an arithmetic skill test question to claim a Prize.
If the selected winner has not complied with the Official Rules, cannot be contacted, is ineligible, or the prize notification is returned as undeliverable, an alternate winner will be selected promptly by random drawing at EAA headquarters. Except where prohibited by law, acceptance of a prize constitutes permission for EAA to use the winner's name, photograph, voice, likeness and city of residence for advertising and promotional purposes without further consideration, and to release his or her name to persons requesting the names of the winners of the Sweepstakes.
8. DISPUTES: Except where prohibited, each participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize offered or 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 Wisconsin or the appropriate State Court of the State of Wisconsin located in Milwaukee, Wisconsin; (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 participants be permitted to obtain awards for, and participants hereby waive 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 participant and EAA in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
9. WINNER LIST: A list of winners may be viewed online at www.airventure.org/ohmyoshkosh after August 14, 2014. To obtain a list of winners by mail, send a self-addressed, postage paid, business-size envelope to the Sweepstakes Address, "Attn: "Oh My Oshkosh!" Sweepstakes Winners".
10. CONSUMER DISCLOSURE: You have not yet won. Sponsor: Experimental Aircraft Association, Inc., 3000 Poberezny Road, Oshkosh, WI 54902. Disclosure copies of EAA's IRS Form 990 are available by sending a written request marked "EAA Form 990" to the Sweepstakes Address.
11. ADDITIONAL CONDITIONS: EAA assumes no responsibility for any computer, software, online, Internet or technological malfunctions or for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, mutilated, postage-due or misdirected mail, correspondence, requests, claims or other errors or problems in connection with or relating to the Sweepstakes. EAA is not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries or transmissions; telephone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person's computer related to participating in the Sweepstakes nor for entries that cannot for whatever reason be downloaded or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human errors which may occur in the processing of any entries in this Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, as solely determined by EAA, will be disqualified and may be subject to prosecution. If for any reason the Sweepstakes is not capable of being conducted as contemplated in the Official Rules, or if, in the judgment of EAA, the Sweepstakes is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of EAA, which compromises the administration, security, fairness or proper play of the Sweepstakes, EAA reserves the right, in its sole discretion, to discontinue, suspend or terminate or modify the Sweepstakes. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the assigned account holder of the e-mail address submitted at time of entry. "Assigned account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
12. SWEEPSTAKES ADDRESS: EAA "Oh My Oshkosh!" Sweepstakes, Experimental Aircraft Association, Inc., P.O. Box 3117, Oshkosh, WI 54903-3117. If you have any questions, please contact the EAA Marketing Department at 1-800-426-4800, or e-mail firstname.lastname@example.org.
VOID WHERE PROHIBITED. The Sweepstakes is VOID WHERE PROHIBITED.