2014 EAA® "CLASSIC" SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN.
A PURCHASE OR DONATION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- SPONSOR: The 2014 EAA® "Classic" Sweepstakes (the "Sweepstakes") is sponsored and administered by Experimental Aircraft Association, Inc. ("EAA"), P.O. Box 3117, Oshkosh, WI 54903-3117. EAA is a tax exempt, charitable organization under I.R.C. §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”).
- ENTRY:The Sweepstakes begins at 12:00 a.m. Central Daylight Time on October 30, 2013 and the opportunity to request an official entry form ends at 11:59 p.m. Central Daylight Time on August 3, 2014 (the “Entry Request Period”). Mail in entries in the Sweepstakes must be postmarked by August 20, 2014 and received by August 27, 2014 (“Entry End Date”). All entries must be on an official entry form. Official entry forms are available as follows: by requesting official entry forms online at www.eaa.org/sweepstakes (the “Sweepstakes Site”); in the November 2013, January 2014, March 2014, April 2014, May 2014, and July 2014 issues of EAA Sport Aviation; and at the following events – National Business Aviation Association Convention, Las Vegas, NV (October 22-24, 2013), Sebring Sport Aviation Expo, Sebring, FL (January 16-19, 2014), Sun ‘n Fun International Fly-In & Expo, Lakeland, FL (April 1 – April 6, 2014), and EAA AirVenture® Oshkosh 2014, Oshkosh, WI (July 28-August 3, 2014) (“Sweepstakes Entry Events”), at which up to two hundred (200) official entry forms will be provided per request. There is a limit of two hundred (200) total entries in the Sweepstakes by each eligible entrant, regardless of means of entry. To request official entry forms online, eligible entrants may visit the Sweepstakes Site during the Entry Request Period and complete the Sweepstakes official entry request form. Once the Sweepstakes official entry request form has been completed and submitted, up to two hundred (200) official entry forms will be mailed by EAA to the individual requesting entries.Persons who make a contribution online will be entered automatically. Online entries must be received by 11:59 AM CDT, August 3, 2014. Please allow up to the earlier of four (4) weeks from your request date or August 13, 2014 to receive your requested entries. To submit completed official entry forms by mail, mail them in a full postage paid outer mailing envelope to the Sweepstakes Address. Entries submitted by mail must be postmarked by August 20, 2014 and received by the Entry End Date. Completed official entry forms may also be submitted at Sweepstakes Entry Events. By entering your personal, valid email address you are agreeing to be on the online marketing and advertising list for EAA. No copies, facsimile, computer generated, hand generated or mechanical reproductions of the official entry form will be accepted. All entries submitted become the property of EAA and will not be acknowledged or returned. 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.
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 Québec) 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. 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.
- PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): After applicable verification and subject to compliance with these Official Rules, the following prizes will be awarded:
One Grand Prize: One fully restored Fairchild 24H Airplane, FAA Registration Number NC16902 (ARV $50,000). The airplane will be delivered to the Grand Prize Winner in Oshkosh, Wisconsin, no later than December 31, 2014.
Second Prize: BRP Can-Am Maverick X RS(ARV $17,799). All ARVs are stated in U.S. Dollars. $17,799 ARV of the Prizes are purchased with EAA funds; $50,000 ARV of the Prizes are from EAA’s Museum collection.
Manufacturers of the prizes are not endorsing, sponsoring or otherwise affiliated with this Sweepstakes.
Limit one (1) Prize per person in this Sweepstakes (each prize in the Sweepstakes is referred to as a “Prize”). Grand Prize will be delivered at Oshkosh, Wisconsin. Grand Prize Winner must take delivery no later than December 31, 2014 or Grand Prize will be forfeited. Expenses related to acceptance, delivery and use of any Prize, including without limitation, any taxes, title, registration, licensing fees and insurance costs, are the sole responsibility of the applicable Prize Winner. No transfer or substitution of any Prize permitted except where required by law. If any Prize becomes unavailable, EAA may award a substitute prize of equal or greater value. Odds of winning a Prize depend upon the number of eligible entries received. Any lost or stolen Prize will not be replaced by EAA. EAA is required to collect applicable federal income taxes from US winners of Prizes valued at more than $5,000.
- 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 ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (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 EAA and 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 which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her 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.
- SWEEPSTAKES DRAWING AND NOTIFICATION OF PRIZE WINNERS: All Prize winners will be selected in random drawings conducted by EAA to be held at the EAA AirVenture Museum in Oshkosh, WI, at 5:00 P.M. CDT on September 29, 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. Drawing for the Grand Prize will be conducted first, followed by the drawing for Second Prize. EAA will also draw successive provisional winning coupons to be used if any Prize winner for any reason does not claim his or her Prize or is found to be ineligible. In the event of an unclaimed Prize or an ineligible Prize winner, all succeeding winning coupons, including provisional winning coupons, will move up one step in priority until all Prizes are awarded. (For example, if the Grand Prize winner does not claim his or her Prize or is ineligible, the Second Prize winner, if eligible, will be awarded the Grand Prize, and the next provisional winning coupon, if eligible, will be awarded the Second Prize.) Prize winners need not be present to win. Winners will be notified via Certified U.S. Mail and/or telephone and/or e-mail promptly after the drawing. Such notified person, at his or her sole discretion, may disclaim a Prize by not claiming such Prize or by not completing and returning to EAA, EAA’s Affidavit of Eligibility and Liability and Publicity Release within fourteen (14) days of attempted notification and in such case the Prize will be forfeited. Except where prohibited by law, each Prize Winner further grants to EAA the right to use such Prize Winner’s name, photograph, voice, likeness and city of residence for purposes of advertising or promoting and publicizing the efforts and activities of EAA and the Sweepstakes without further consideration and to release his or her name to persons requesting the names of the winners of the Sweepstakes. 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.
- 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.
- WINNER LIST: A list of Prize Winners, subject to compliance with the requirements stated herein, will be available from EAA at the Sweepstakes Address. To obtain a list of winners by mail, send a self-addressed, postage paid (except where not required by applicable law), business-size envelope to the Sweepstakes Address "Attn: Sweepstakes Winners" or visit www.eaa.org/sweepstakes.
- CONSUMER DISCLOSURE: You have not yet won. Disclosure copies of EAA's IRS Form 990 are available by sending a written request marked "EAA Form 990" to the Sweepstakes address.
- 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; phone, 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 any 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, computer or software failures, 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.
VOID WHERE PROHIBITED. The Sweepstakes is VOID WHERE PROHIBITED.