1. NO PURCHASE NECESSARY TO ENTER OR WIN.
2. Eligibility: The Northeast Air BMW Motorcycle Giveaway (“NEA Giveaway”) is open to legal residents of the contiguous 48 United States and District of Columbia, age 18 or older at the time of entry. The NEA Giveaway is void in Alaska, Hawaii and where prohibited by law. Notwithstanding anything herein to the contrary, the NEA Giveaway is void in New York until Midnight (E.S.T.) on May 12, 2017. All past and current employees of Northeast Air or any of its respective affiliates, advertising agencies, or any other company or individual involved with the design, execution or distribution of the NEA Giveaway and their immediate relatives (spouse, parents and step-parents, siblings and step-siblings, children and step-children, grandchildren and step-grandchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee or former employee are not eligible to participate.
3. Disqualification: The Sponsor reserves the right, at its sole discretion, to disqualify any Entrant (as defined below) that it determines (a) has tampered with the entry process or the operation of the NEA Giveaway; (b) has acted in a disruptive manner, or with intent to annoy or harass the Sponsor, other Entrants, or any other person or entity; (c) has not satisfied all of the requirements for entry in the NEA Giveaway; or (d) is otherwise ineligible under, or in violation of these Official Rules or any policies or terms posted on the Sponsor’s website www.northeastair.com.
4. Conditions: The NEA Giveaway is subject to all applicable federal, state, and local laws and regulations. Participation in the NEA Giveaway constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions.
Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the NEA Giveaway. The Sponsor also reserves the right, in its sole discretion, to modify or terminate the NEA Giveaway in the event any act, occurrence, or reason that it believes would corrupt the integrity, administration or fairness of the NEA Giveaway.
Any attempt by an Entrant to commit acts of misconduct set forth in the Office Rules may be subject to civil and criminal law claims, and the Sponsor reserves the right to seek damages from the Entrant to the fullest extent permitted by law. Failure to comply with any term or condition of the Official Rules as determined by the Sponsor, in its sole and absolute discretion, may result in the Grand Prize Winner=s disqualification, the forfeiture of his or her interest in the Grand Prize, and the award of the Grand Prize to an alternate winner.
5. Sponsor: Northeast Air, 1011 Westbrook Street, Portland, Maine 04102 (the “Sponsor’s Place of Business”).
If you have any questions regarding this promotional giveaway, please contact the NEA Giveaway coordinator at email@example.com, 877-354-7881 or write to Northeast Air at the Sponsor’s Place of Business.
BMW7 is not endorsing, sponsoring or otherwise affiliated with this promotion.
6. Timing: The NEA Giveaway will begin at 6:00 AM (E.S.T.) on April 15, 2017 and all entries must be received by Midnight (E.S.T) on October 31, 2017 (“Entry Period”). Entries received by the Sponsor after the end of the Entry Period will be deemed void.
7. How to Enter: You will be entered in the NEA Giveaway once you complete the Entry Form (copy attached hereto as Exhibit A) and you deliver the Entry Form in person to the Sponsor at the Sponsor’s Place of Business (the (“Entrant”). ENTRIES THAT DO NOT INCLUDE ALL REQUESTED INFORMATION WILL BE INELIGIBLE.
Subject to these terms and conditions, an eligible Entrant will receive the following number of entries into the NEA Giveaway depending on the manner of entry:
a) One (1) entry for completing the Entry Form and delivering the Entry Form in person to the Sponsor at the Sponsor’s Place of Business.
Limit: One (1) entry per person per one (1) day for visiting the Sponsor’s Place of Business during the Entry Period.
b) One (1) entry for completing and submitting online the Aviation International News (AIN) FBO Survey at the Sponsor’s Place of Business.
Limit: One (1) AIN FBO Survey per person per one (1) day during the Entry Period.
c) One (1) additional entry for purchasing, at the Sponsor’s normal and customary prices, including fuel purchased at the Sponsor’s self-service pump, and fuel sold under contract with the Sponsor, between one (1) WHOLE gallon of fuel and one hundred (100) WHOLE gallons of fuel, simultaneously with delivering the Entry Form as described in paragraph a above together with a printed receipt from the self-service pump, if applicable, showing the number of gallons purchased by the Entrant.
d) One (1) additional entry for each increment of one hundred (100) WHOLE gallons of fuel purchased at the Sponsor’s normal and customary prices, including fuel purchased at the Sponsor’s self-service pump, and fuel sold under contract with the Sponsor over the initial one hundred (100) gallons of fuel purchased as set forth in paragraph c above, simultaneously with delivering the Entry Form as described in paragraph a above together with a printed receipt from the self-service pump, if applicable, showing the number of gallons purchased by the Entrant.
Example: If the Entrant purchases 213 gallons of fuel from the Sponsor, the Entrant will receive four (4) entries, one (1) for being on the ramp at the Sponsor’s Place of Business and delivering the Entry Form to the Sponsor, two (2) for each one hundred (100) gallon increment of fuel and one (1) for completing and submitting the AIN FBO Survey.
There are no other means of entry available. No mechanical reproductions permitted. Entrants may not use more than one name, email address or phone number. Multiple entrants are not permitted to share the same email address or phone number. The Sponsor will not be responsible for, and may disqualify, in its sole and absolute discretion, any incomplete, lost, misdirected or illegible entries. The NEA Giveaway will be conducted solely at the Sponsor’s Place of Business.
8. Prize: One (1) Grand Prize Winner will be selected in a random drawing from among all eligible entries to be held on or about November 6, 2017. The accounting firm, Baker Newman Noyes, will handle the random selection process (the “NEA Drawing”). Grand Prize: One (1) 2017 BMW nine T motorcycle. The Grand Prize’s retail value is approximately $16,000.00, NOT including taxes. The Sponsor takes no responsibility for any variations in the Grand Prize value due to exchange rates or otherwise. The Grand Prize Winner is solely responsible for picking up the Grand Prize at Street Cycles, Inc. located at 405 US Route 1, Falmouth, Maine (“Street Cycles”).
9. Odds of winning depend on the number of eligible entries received. There are no prizes that will be made available in the NEA Giveaway other than the single Grand Prize described immediately above. No cash equivalent as a substitute for the Grand Prize will be offered, and no substitution will be made except as provided at the Sponsor’s sole discretion. With respect to the Grand Prize, the manufacturer’s limited warranty shall apply and no other warranty, representation or guarantee is provided to the Grand Prize Winner. All applicable federal, state, and local taxes associated with the Grand Prize are solely the responsibility of the Grand Prize Winner. The Grand Prize Winner will be required to present a valid driver’s license and proof of insurance before the Grand Prize will be awarded. All other expenses not specified and related to the acceptance and use of the Grand Prize is the Grand Prize Winner’s sole responsibility.
The Grand Prize will be stored by Sponsor in Maine, and arrangements will be made directly with the Grand Prize Winner to receive the Grand Prize at Street Cycles once the Grand Prize Winner has been verified.
The Grand Prize Winner will be responsible for all fees and costs associated with delivery of the Grand Prize, which may include shipping and transportation of the Grand Prize and/or transportation for the Grand Prize Winner to pick up the Grand Prize from Street Cycles. The Sponsor is not liable or responsible for any costs or expenses associated with the collection or delivery of the Grand Prize or associated with the Grand Prize before or after collection or delivery including things like travel expenses, fuel, food, hotels, or any other unforeseen expense.
10. Winner Notification and Acceptance: The Entrant selected from the NEA Drawing will be verified by the Sponsor and notified on or about three (3) business days following the NEA Drawing by email or phone (the “Potential Winner”). Entrants need not be present to win. The Potential Winner will be notified using the contact information provided by him or her on the Entry Form. To claim the Grand Prize, the Potential Winner must reply by executing and returning an Affidavit of Eligibility & Liability/Publicity Release (except where prohibited), and a tax acknowledgment form to Sponsor (as included in the Prize Notification prepared by the Sponsor. The Potential Winner must execute and return all documents within ten (10) business days from the date they are sent to the Potential Winner or the Grand Prize may (in Sponsor’s sole discretion) be forfeited. If the Potential Winner cannot be successfully contacted by email or phone within five (5) business days of the NEA Drawing, the Potential Winner will forfeit the Grand Prize. THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE NEA GIVEAWAY.
Return of the Prize Notification as undeliverable may result in disqualification and an alternate winner may be selected, as determined by the Sponsor in its sole and absolute discretion.
The Potential Winner may waive his or her right to receive the Grand Prize. The Grand Prize is non-assignable and nontransferable.
The Grand Prize Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all ~ 5 ~
requirements. The Grand Prize Winner is solely responsible for reporting and payment of any federal, state, and local taxes and will receive a 1099 form. The Grand Winner shall be solely responsible for payment of applicable state sales tax, title, license, registration and insurance fees.
Notwithstanding anything herein to the contrary, if (i) the Grand Prize is not claimed by the Grand Prize Winner within six (6) weeks of the NEA Drawing, (ii) the Grand Prize is forfeited for any reason or waived by the Grand Prize Winner; (iii) the Grand Prize Winner cannot be contacted via the methods set out herein; or (iv) the Grand Prize Winner is determined by the Sponsor to be ineligible, the Grand Prize will be awarded to another eligible Entrant in a redraw for the Grand Prize. Any such redraw will commence not later than three (3) months after the initial drawing. If there is a redraw, the name of the winner of the redraw will be published on the Sponsor’s website and the new winner will be notified by email or telephone via the information provided on the Entry Form.
For the name of the Grand Prize winner visit the Sponsor’s website, www.northeastair.com, or visit the Sponsor’s Place of Business. In addition, a copy of the result of the NEA Giveaway can be obtained by sending a hand printed, self-addressed, stamped envelope to Northeast Air at the Sponsor’s Place of Business. Requests for the winner’s identification must be received by April 30, 2018. Vermont residents may exclude return postage.
11. Privacy: The Entrant’s personal information will be collected by the Sponsor to enable it to administrator the NEA Giveaway and to publicize the Grand Prize Winner. Subject to section 14 below, entry into the NEA Giveaway also entitles the Sponsor to market its products and services to the Entrant. Each Entrant agrees that he or she must provide and/or maintain his or her consent to receive marketing communications from the Sponsor during the Entry Period. This is required to ensure that the NEA Giveaway entries are properly recorded and processed and the Grand Prize Winner can be drawn.
The Entrant also understands and agrees that the primary purpose of collecting information about the Entrant is to enable the Sponsor to contact the Entrant at a later date (by any means including email) to market its products and services. If the Entrant does not provide accurate personal information, the Sponsor may determine that he or she is not eligible to win the Grand Prize. If the Entrant would like to access or correct the personal information that the Sponsor holds, or if the Entrant wishes to opt out of receiving the Sponsor’s marketing communications after the end of the Entry Period, the Entrant should inform the Sponsor by sending an email to firstname.lastname@example.org or write to the Sponsor at the Sponsor’s Place of Business.
All entries become the property of the Sponsor and will be entered into a database. Information resulting from the Entrant’s entry and participation in the NEA Giveaway is used by the Sponsor for its determination of the Grand Prize winner. Information about Entrants may also be used by the Sponsor, its agents, contractors and related companies for the purposes of planning and service development. By participating in the NEA Giveaway, Entrants consent to these uses and disclosures of their information.
The personal information of the Grand Prize Winner may be provided to others assisting in the conduct of the NEA Giveaway, including the Sponsor’s employees, coordinator, and officers, the accounting firm, Baker Newman Noyes, Street Cycles, and other agents and affiliates of the Sponsor, and regulatory authorities.
The Sponsor will disclose the Grand Prize Winner’s first and last name and state and city of residence which will be published via the Sponsor’s website and social media platforms.
12. Limitations of Liability: By entering the NEA Giveaway, Entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the NEA Giveaway, or any prize awarded, shall be resolved individually without resort to any form of class action or similar procedural device; (ii) any claims, judgments and awards shall be limited to actual out of pocket expenses incurred, but in no event shall they include attorneys’ fees or litigation costs of any kind; (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. General Release: By entering the NEA Giveaway, Entrants release, discharge and hold harmless Northeast Air, and each of its respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the NEA Giveaway or with the acceptance, possession, use, misuse or possession of the Grand Prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light). NORTHEAST AIR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE GRAND PRIZE, INCLUDING WITHOUT LIMITATION: ANY WARRANTY CONCERNING THE CONDITION, QUALITY, STATUS, REPAIR, SAFETY OR ANY OTHER ASPECT OF THE GRAND PRIZE; ANY WARRANTY OF MERCHANTIBILITY; ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTY OF TITLE; AND/OR ANY OTHER WARRANTY OF ANY TYPE OR KIND WHATSOEVER.
14. Publicity: Except where prohibited, participation in the NEA Giveaway constitutes Entrant=s consent to the publication of his or her name, biographical information and likeness in any media, worldwide, for any commercial or promotional purpose, without limitation or further compensation or notice, and further constitutes the Entrant=s consent to accept emails from the Sponsor regarding its products and services, subject to an ability to opt out of getting such emails.
15. Choice of Law: By entering the NEA Giveaway, each Entrant agrees that any and all disputes arising out of or relating in any way to this promotional giveaway will be decided in accordance with the laws of the State of Maine, without regard to its conflicts of law principles; Entrants further agree that all such disputes will be settled by binding arbitration, in Portland, Maine, subject to the rules of the American Arbitration Association. The award rendered by arbitration shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.