THE FACE OF OPPORTUNITY CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. Promotion Description: The "The Face of Opportunity" Contest (the "Contest") begins on or about September 8, 2010 at 7:00 a.m. Eastern Time ("ET") and the submission period ends on or about November 11, 2010 at 11:59 p.m. ET (the "Submission Period"). The Contest provides entrants with the opportunity to (i) write a short essay of three hundred (300) to five hundred (500) words (each, an "Essay Submission") or (ii) film a two (2) to three (3) minute video (each, a "Video Submission"; an Essay Submission or Video Submission sometimes referred to herein as, a "Submission") answering the question "If you could travel to any city outside the United States to grow your business, where would you go and how would the trip help meet your business objectives?" and to submit the video or essay for consideration. Each Submission must also include one business tip from your experience that other small business owners can learn from. By participating in the Contest, each entrant fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of British Airways Plc, located at 75-20 Astoria Blvd., Jackson Heights, New York 11370 ("Sponsor"), which shall be final and binding in all respects.
2. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old and have valid passports at the time of entry and who (i) are registered members of the British Airways Executive Club Program (the "Program") whose Program account is in good standing, (ii) are authorized representatives of a small business with two hundred fifty (250) or less employees, and (iii) are not business grant recipients or winners from any of Sponsor's prior contests, sweepstakes or promotions. Please note that prize winners will be required to travel to New York, New York at their own expense in order to participate in the "Event Prize", as more fully set forth below. Registering for the Program is free and easy and can be done as part of Contest entry. For more information on how to become a registered member of the Program, and to review its terms and conditions, visit http://www.britishairways.com/travel/execenrol/public/en_us. Once you have registered to be a member of the Program, Sponsor will send you an email at the email address you provided to Sponsor at the time of registration. This email has a validation link. To become an Executive Club member, you must click on this email validation link. Upon clicking the email validation link, you will be automatically registered as an Executive Club Member and will be eligible to enter the Contest as set forth in these Official Rules. Officers, directors, employees, members and agents of Sponsor, Agency.com, LLC, Bartle Bogle Hegarty LLC, Ogilvy & Mather Worldwide, Optimedia International U.S., Inc., Edelman Public Relations, e-Dialog Inc., BritishAmerican Business, Inc., UK Trade & Investment, Entrepreneurs' Organization, StartupNation, LLC, Ladies Who Launch, Inc., LinkedIn Corporation, and each of their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers (all such individuals and entities collectively referred to herein as the "Promotion Entities") and each of their immediate family (spouse, parents, siblings and children) and household members are not eligible to participate in the Contest or win a prize. This Contest is void where prohibited.
3. How to Enter: To enter the Contest, visit www.ba.com/contest (the "Website") during the Submission Period and complete the submission form found on the Contest entry page with the information requested and follow the instructions to upload and submit your Submission directly to the Website. The information requested may include, but is not limited to, a valid company name and address (P.O. Boxes are not permitted), company industry, number of employees at the company, and entrant's name, gender, preferred address, e-mail address registered with the entrant's Executive Club account, and Executive Club number Once you complete the submission form, you will be designated the "Company Representative" for the purposes of this Contest. In the event your Submission is selected as a potential winner, any prizes awarded will be awarded in the name your Company. By uploading your Submission, you warrant that your Submission conforms to the "Submission Guidelines" and "Content Restrictions" (as defined below) (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
- Each Essay Submission must include an answer to the following question: "If you could travel to any city outside the United States to grow your business, where would you go and how would the trip help meet your business objectives?";
- Each Essay Submission must include one business tip from your experience that other small business owners can learn from;
- Each Essay Submission must be in text format;
- Each Essay Submission must between three hundred and fifty (300) and five hundred (500) words in length;
- Each Essay Submission must be in English;
- Each Video Submission must include an answer to the following question: "If you could travel to any city outside the United States to grow your business, where would you go and how would the trip help meet your business objectives?";
- Each Video Submission must include one business tip from your experience that other small business owners can learn from;
- Each Video Submission must be between two (2) and three (3) minutes in length;
- Each Video Submission must be in English;
- Each Video Submission must be uploaded in theavi;.dv;.mov;.qt;.mpg;.mpg2; .mpeg;.mpeg2;.mpeg4;.mp4;.3gp;.3g2;.asf;.wmv;.flv file format;
- Each Video Submission should be approximately 40 MB or less. Sponsor cannot guarantee that any Submissions over 40 MB will be successfully uploaded.
All Submissions must be the submitting entrant's original, previously unviewed work and not contain any third party copyrighted material. Each entrant should be able to provide on request all appropriate clearances, permissions and releases for his or her Submission, including releases from all persons described and/or appearing in the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, to amend the Submission to remove certain passages/references, or allow the applicable Submission to remain in Contest).
- A Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- A Submission must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
- A Submission must not feature brand names or trademarks other than those of British Airways, Plc, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
- A Submission must not contain video or text not created by entrant;
- A Submission must not contain video or text that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- A Submission must not contain text that 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; and
- A Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: Limit one (1) Submission per person and up to five (5) Submissions per Company during the Submission Period. Submissions generated by script, macro or other automated means are void. The Promotion Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. Submissions must be received by the end of the Submission Period. The Website's database clock will be the timekeeper for the purposes of this Contest. No substitutions of new versions of a Submission will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the Contest page must be completed to enter and to be eligible to win. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry.
In the event of a dispute over the identity of the person who made any Submission, the authorized account holder, at time of entry, of the Program account used to register for the Contest will be deemed to be the entrant and must comply with these Official Rules. The entrant may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the individual who actually submitted Submission cannot be resolved to Sponsor's satisfaction, the affected Submission will be deemed ineligible.
Without in any way limiting the generality of the foregoing, if a third party copyright owner or an agent thereof (each, a "Third Party Rights Holder") believes that any Submission infringes upon the Third Party Rights Holder's copyrights, such Third Party Rights Holder may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sponsor's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
(i) A physical or electronic signature of the Third Party Rights Holder whose exclusive rights have allegedly been infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the Submission that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Sponsor to locate the Submission;
(iv) Information reasonably sufficient to permit Sponsor to contact the Third Party Rights Holder, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that the Third Party Rights Holder has a good faith belief that use of the Submission in the manner complained of is not authorized by the Third Party Rights Holder or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the Third Party Rights Holder is authorized to act as the owner of an exclusive right that is allegedly infringed.
For purposes of the Contest, DMCA Notices should be sent to Jim Blaney, Senior Counsel, Americas, British Airways Plc, 75-20 Astoria Blvd., Jackson Heights, New York 11370
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sponsor's customer service department. Each Third Party Rights Holder acknowledges that if its fails to comply with all of the requirements of this provision, the DMCA notice may not be valid.
4. Winner Determination:
After a Submission is uploaded to the Website it will be made available on the Website for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the DMCA and the Communications Decency Act. Once submitted it may take Sponsor up to two (2) business days for Submissions to be available for viewing on the Website. The "Round One Voting Period" will start on or about September 8, 2010 and will end on or about November 19, 2010. During the Round One Voting Period, Website visitors (each, a "Voter") will have the opportunity to vote for their favorite Submission (a "Vote"). Votes for each Submission will be tracked by the Website. Any rankings or vote counts posted on the Website are unofficial and should not be relied upon for any purpose. The actual scores and determination of the Event Prize Finalists will be by the judges in accordance with these Official Rules. Voters are limited to one (1) Vote for each Submission per day during the Round One Voting Period. Assuming a sufficient number of eligible Submissions are received during the Round One Voting Period, the four hundred (400) Submissions that receive the highest number of Votes during the Round One Voting Period will become "Event Prize Finalists". Limit one (1) Event Prize Finalist per Company. In the event multiple Submissions from the same Company qualify as Event Prize Finalists, only the highest ranking Submission will be deemed an Event Prize Finalist. In the event of a tie among entrants, the tie will be broken by criteria selected by Sponsor in its sole and absolute discretion. Once the Event Prize Finalist pool has been selected, judges selected by Sponsor in its sole discretion will review each Event Prize Finalist's Submission and select up to two hundred fifty (250) prize winners (the "Event Prize Winners") from among all eligible Event Prize Finalists based on the following criteria ("Judging Criteria"):
- Commercial Viability (Submission's presentation of measurable, achievable, realistic and timely targets) (35%);
- Benefit of Opportunity (demonstration that entrant will achieve commercial gain, if selected) (25%);
- Originality and Creativity (20%);
- Articulation (10%); and
- Organization (10%)
In the event of a tie after applying the foregoing Judging Criteria, the Event Prize Finalist whose Submission received the highest score in the Commercial Viability category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Event Prize Winner. If a tie remains, scores for Benefit of Opportunity will be compared, and so on through the remaining Judging Criteria if and as necessary until the tie is broken. Sponsor reserves the right to select fewer than the stated number of Event Prize Winners and award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Judges' decisions are final and binding and not subject to review or appeal. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Once the Event Prize Winners have been selected, notified and have each claimed their prize by executing and returning to Sponsor the "Affidavit" described in Paragraph 8 of these Official Rules, the judges selected by Sponsor in its sole discretion will review only those Event Prize Winner's Submissions that are Video Submissions and select up to ten (10) finalists (the "Video Submission Finalists") from among all eligible Event Prize Winners whose Submission is a Video Submission (a "Round Two Video Submission") based on the Judging Criteria. For purposes of clarification and the removal of doubt, entrants whose Submission is an Essay Submission will not be eligible to become a Video Submission Finalist or win the "Travel Grant Prize" (as defined below). Sponsor will re-post the Round Two Video Submissions on the Website for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the DMCA and the Communications Decency Act. The "Round Two Voting Period" will begin on or about December 10, 2010 and end on or about December 17, 2010. During the Round Two Voting Period, Website visitors will have the opportunity to vote for their favorite Round Two Video Submission. Votes for each Round Two Video Submission will be tracked by the Website. The three (3) Round Two Video Submissions that receive the highest number of Votes during the Round Two Voting Period will become "Travel Grant Prize Finalists" and advance to Round Three. In the event of a tie among Video Submission Finalists, the tie will be broken by Sponsor in its sole and absolute discretion based on the Judging Criteria.
At the Event, the Travel Grant Prize Finalists will pitch and obtain feedback about their company and ideas to a panel of business leaders selected by Sponsor in its sole discretion (the "Judging Panel"). and compete for a chance to become the one (1) "Travel Grant Prize Winner" and win the Travel Grant Prize. The Judging Panel will select one "Travel Grant Prize Winner" based on factors to be determined by Sponsor in its sole discretion, and such decisions shall be final and binding and not subject to challenge or appeal.
5. Representations and Warranties/Indemnification: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant's own original, previously unviewed and unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iv) entrant can provide on request all appropriate clearances, permissions and releases for his or her Submission, including releases from all persons described and/or appearing in the Submission; (v) entrant is an authorized representative of his or her company; and (vi) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
6. Grant of Rights: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission (and any "behind the scenes", "blooper" outtake, or other footage associated with the Submission) throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
7. Publicity Release: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Program, the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
8. Winner Notification and Requirements: Potential Event Prize Winners will be notified by email, mail or phone using the information provided at the time of entry on or around November 29, 2010. Due to time constraints, each potential Event Prize Winner will be required to execute and return to Sponsor, within five (5) business days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and where imposing such condition is legal, a Publicity Release (collectively, an "Affidavit") and register his or her company as a member of the British Airways On Business Club Program ("On Business Program") in order to claim his/her prize. Registering for the On Business Program is free and easy. For more information on how to become a registered member of the On Business Program and to review its terms and conditions, visit http://www.britishairways.com/travel/on-business-travel/public/en_gb. Potential Video Submission Finalists will be notified by email, mail or phone using the information provided at the time of entry on or around November 30, 2010. Due to time constraints, each potential Video Submission Finalist will be required to execute and return to Sponsor an Affidavit within five (5) business days of the date notice or attempted notice is sent. Potential Travel Grant Prize Finalists will be notified by email, mail or phone using the information provided at the time of entry on or around December 20, 2010. Due to time constraints, each potential Travel Grant Prize Finalist will be required to execute and return to Sponsor an Affidavit within five (5) business days of the date notice or attempted notice is sent. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the applicable prize. If a potential winner is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, at Sponsor's sole discretion and if time permits. Only up to three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and any individuals described therein, and/or prize information for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, and hereby release the Promotion Entities from any liability with respect thereto.
Event Prize: Up to two hundred fifty (250) Event Prizes are available. Each "Event Prize" consists of a trip for the Event Prize Winner to London, England to attend conference and business panels with business industry leaders, venture capitalists and other entrepreneurs in New York, New York and London, England and participate in a face-to-face meeting (the "Event"), which consists of (i) coach/economy class airfare for the Event Prize Winner between the John F. Kennedy Airport in New York and London, England, departure from New York tentatively scheduled for February 2, 2011 (exact date to be determined by Sponsor in its sole discretion); (ii) one (1) night hotel accommodations for the Event Prize Winner (one  room, double occupancy) at a hotel determined by Sponsor in its sole discretion in New York, New York; (iii) one (1) night hotel accommodations for the Event Prize Winner (one  room, double occupancy) at a hotel determined by Sponsor in its sole discretion in London, England; (iv) ground transportation for the Event Prize Winner between the airports and hotels, if required; (v) one way coach/economy class airfare for the Event Prize Winner between London, England (London is the departure city) and the Event Prize Winner's "Chosen Destination" (defined below); and (vi) one way coach/economy class airfare for the Event Prize Winner between the Chosen Destination and the John F. Kennedy Airport in New York (through London, England). As used herein, the Event Prize Winner's "Chosen Destination" shall mean and refer to an airport that is serviced by Sponsor and chosen by the Event Winner, provided that airports must be located outside of the Americas. For clarification and the removal of doubt, the Event Prize does not include the following: (i) transportation for the Event Prize Winner to the Event in New York, New York; or (ii) accommodations, ground transportation and any other incidental expenses incurred at the Chosen Destination. All arrangements and expenses associated with travel to and from the Event New York, New York (including, but not limited to, round trip airfare to New York from the Event Prize Winner's place of residence and ground transportation) and accommodations, ground transportation and any other incidental expenses incurred at the Chosen Destination are the sole responsibility of each Event Prize Winner. In the event the Event Prize winner is unable to travel to New York, New York, the Event Prize will be forfeited in its entirety and an alternate winner may be selected. Approximate Retail Value ("ARV") of each Event Prize: $2,787.
In the event that the Event does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of "Force Majeure" (defined below), or for any other reason, then in lieu of attending the Event, the Event Prize winner will receive the remaining components of the Event Prize, which shall constitute full satisfaction of Sponsor's prize obligation to the Event Prize Winner, and no other or additional compensation will be awarded.
Travel Grant Prize: One (1) Travel Grant Prize is available. The "Travel Grant Prize" consists of airfare for ten (10) round-trip Club World business class flights for the Travel Grant Prize Winner to the Travel Grant Prize Winner's choice of airports serviced by Sponsor provided that airports must be located outside of the Americas to be completed by December 31, 2011. Winner is responsible for all taxes, fees, charges and airline surcharges. Only two (2) transatlantic segments permitted per booking. ARV of the Travel Grant Prize: $6,387.
For All Prizes: Winner must depart on the date specified by Sponsor and must commence travel on the specified date or prize will be forfeited. Trip is subject to availability and blackout dates. Booking and flight itineraries are subject to availability. No refund or compensation will be made in the event of the cancellation or delay of any flight. Accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, hotel accommodations, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, airline fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner is responsible for all fees and arrangements to travel from their homes to the applicable airport. Winner is solely responsible for obtaining valid passports/visa and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. The ARV is an estimate made before the Contest begins. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Actual value of each prize will vary based on airfare fluctuations, winner's choice of destination, and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Room taxes and other hotel fees (but not incidental expenses or charges) are included in the lodging provided in the Event Prize. A deposit or payment in advance, or presentation of a credit card by the prize winner may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the prizes described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit and/or other travel documents. In the event the winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the winner home with no further compensation. Prizes are non-transferable and no substitution or cash redemption will be permitted except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Each winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the prize. Winners will not earn Executive Club credit for any flights that are part of the prize. All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Sponsor is not responsible for any additional or incidental expenses Winners may incur during their trip, including but not limited to meals, transfers, other transportation, or otherwise.
10. Release: By participating in the Contest, entrant agrees to release and hold harmless the Promotion Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. General Liability Release/Force Majeure: Entrants agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind (including death) resulting from participation in the Contest or any Contest-related or travel-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Entrants will indemnify, defend and hold harmless the Promotion Entities from and against all third party claims arising out of or relating to entrant's Submission. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen submissions, Submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information; or for unauthorized human intervention into any part of the Submission process or the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Without limiting the generality of the foregoing, in lieu of completely disqualifying an entry, Sponsor may elect to reduce or adjust vote counts that apply to an entry if Sponsor determines, in its sole discretion, that the vote count was generated through technical manipulation or error or any other illegitimate cause and such cause is deemed by Sponsor, in its sole discretion, to affect the integrity of the Contest. In the event an insufficient number of eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity's use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
14. Dates & Deadlines/Anticipated Number of Contestants: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
15. Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefor.
16. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. Each of the parties hereby submits to the exclusive jurisdiction and venue of the Federal and State Courts in New York and waives any claim that it is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
17. Arbitration Provision: By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location in the United States as may be mutually agreed by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
18. Mobile Program: In the event entrants elect to subscribe to the British Airways Mobile Program (the "Mobile Program") by texting their email address to short code 21713, the following shall apply:
Wireless service providers may charge entrants for each text message, including any error message, that is sent and received in connection with the Mobile Program. You should consult their wireless service provider's pricing plan for details. By texting your email address to 21713 you are subscribing to receive promotional text message alerts from British Airways. British Airways will send you a maximum of 5 messages per month per subscription. For help, text "HELP" to 21713. To opt-out, text "STOP" to 21713.
Text messaging may not be available for all service providers or for all devices. The carriers supported by this program are AT&T, Sprint, T-Mobile, Verizon Wireless, Alltel, U.S. Cellular, Boost and Nextel. Each carrier's instructions for text messaging may be different. Check your user manual for device capabilities and specific instructions. British Airways makes no guarantee that any particular mobile service provider will participate. British Airways, in its sole discretion, may add or delete carriers at any time, without notice. Further, British Airways may revise these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions.
To discontinue receiving SMS messages from British Airways Mobile Alerts, text STOP to 21713. For additional help, text HELP to 21713.
For additional information in connection with the Mobile Program, you may contact Customer Service by email at supportemailaddress@bristish airways.com or by phone at 1.800.555.5555. Opting into the Mobile Program will not improve your chance of winning.
20. Winner List: For any legally required Winner List, send an email with subject line: "The Face of Opportunity Contest, Winner List Request," to email@example.com. Winner List requests will only be accepted after the promotion end date (listed above) and no later than December 31, 2011.
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