Virgin America Night VIP Sweepstakes January 22, 2014 through February 5, 2014 Official Rules 1. TO ENTER: No purchase is necessary to enter the Virgin America Night VIP Sweepstakes (the Sweepstakes ). Visit the official website of the Los Angeles Clippers (the Administrator ) at www.clippers.com and fill out the official on-line entry form. Only one entry per person. Multiple entries from the same e-mail address or person will be disqualified. Only one prize will be awarded per household. 2. DEADLINE: The contest begins on January 22, 2014 and all entries must be received by 11:59pm on February 5, 2014 to be included in the Sweepstakes drawing (the Sweepstakes Period ). The Administrator will not be responsible for lost, misdirected, or delayed entries or for technical malfunctions or unavailability of web servers. 3. SELECTION OF SWEEPSTAKES WINNER: There will be one (1) prize winner (the Winner ) who will be selected from among all entries received during the specific Sweepstakes Period in a random drawing conducted by the Administrator on or around February 6, 2014. The odds of winning are dependent upon the number of entries received. If a selected Winner is not an Eligible Entry (as defined below), another Winner will be selected from the remaining entries. 4. ELIGIBILITY: The Sweepstakes is open to legal residents of California who, at time of entry, reside within a 75-mile radius of the Staples Center and are eighteen (18) years of age or older during the Sweepstakes Period. Employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Administrator, Staples Center, the National Basketball Association ( NBA ) and its Member Teams, NBA Properties, Inc., Virgin America, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, trustees, advertising and promotion agencies, and agents (the Sweepstakes Entities ) are not eligible to participate in the Sweepstakes. Failure of an individual to satisfy any such requirement will disqualify such individual from the Sweepstakes. Further, any individual who has been banned from attending Los Angeles Clippers home games is not eligible. 5. CONDITIONS OF ENTRY: By entering in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Administrator and by the decisions of the Administrator; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to entry in the Sweepstakes and/or the use, misuse or redemption of the Prize (hereinafter defined), and for any claim, including, but not limited to, claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action. The Winner grants the Sweepstakes Entities the right to record, videotape and photograph the Winner ( Images ). These Images will be owned by the Sweepstakes Entities which shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including the Winner s name, the name of Winner s town and state or residence, the 1
Winner s likenesses, voice, opinions, conversation and any other attributes of Winner s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law. 6. METHOD OF ENTRY: There is one (1) method of entry: You can enter the Sweepstakes through the Virgin America Night VIP Sweepstakes tab on www.facebook.com/laclippers and follow the instructions to complete the entry process. To enter, entrants are required to: a) Enter a zip code in the Zip Code box and b) Enter a valid e-mail address in the E-mail Address box. There is a limit of one (1) entry per e-mail address. In the event of a dispute over who submitted a winning on-line entry, the authorized account subscriber of the e-mail used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. There is a limit of one (1) Prize per Winner. All entries must be received during the Sweepstakes Period. The Administrator s computer is the official timekeeping device for this Sweepstakes. Proof of entry does not constitute proof of receipt. All entries submitted become the property of Sponsor and will not be acknowledged or returned. Entries using macro, script or other forms of automatic entry and entries which attempt to subvert the entry process will be disqualified. You must provide all information requested. Incomplete, unreadable or unintelligible submissions will be disqualified. In the event of a dispute over who submitted a winning entry, the Authorized Account Subscriber of the e-mail account or mobile phone account used to participate in the Sweepstakes at the actual time of entry, will be deemed to be the entrant. The Authorized Account Subscriber for entries is defined as the natural person who is assigned an e-mail address by an internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof to the Administrator s satisfaction of being the Authorized Account Subscriber may be requested by the Administrator. All entries submitted in compliance with these Official Rules and not disqualified are considered Eligible Entries. All entries become the sole and exclusive property of the Administrator. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of an entry by the Administrator. 7. PRIZE: There will be one (1) prize consisting of a VIP Night package provided by the Administrator. The exact makeup of the VIP Night package is at the discretion of the Administrator, but will generally include two (2) tickets to see the February 9, 2014 Los Angeles Clippers game at the Staples Center, selected Los Angeles Clippers merchandise, dinner in the Arena Club at Staples Center and limo transportation to and from the game (collectively the Prize ). Approximate Total Retail Value ( ARV ) of the Prize: $2,000. 2
The Prize is non-transferable and no substitution will be made except as provided herein in at the Administrator s sole discretion. Administrator reserves the right to substitute any part of or the entire Prize for one of equal or greater value if the any designated part or all of the Prize should become unavailable for any reason. 8. WINNER SELECTION AND NOTIFICATION: The Winner will be selected in a random drawing from among all Eligible Entries as specified in Section 3 herein. Administrator will attempt to contact the Winner via the e-mail address provided. If a potential Winner does not respond to the e-mail within a twenty-four (24) hour period, the potential Winner may be disqualified and an alternate Winner will be selected, in the Administrator s sole discretion, from among the remaining applicable Eligible Entries received. Entrants are responsible for ensuring their e-mail spam feature does not screen out notifying e-mails. 9. PRIZE WINNER VERIFICATION: To be eligible to be declared the Winner and to receive the applicable Prize, the Winner may be required to sign: (a) an Affidavit of Eligibility and Release releasing Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner s participation in the Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize, to be eligible for the Prize; and (b) except where prohibited by law, a publicity release granting Sweepstakes Entities the right to use potential Winner s name, picture and/or likeness, or biographical information or voice for advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into the Sweepstakes constitutes agreement to sign such a release. If a potential Winner does not sign this release within the time frame specified, the potential Winner may be disqualified and the Prize forfeited and an alternate applicable Winner will be selected in a random drawing from among all of the remaining applicable Eligible Entries. Administrator expressly reserves the right to delay the announcement of the Winners for any reason Administrator deems necessary. In addition, Administrator reserves the right to select alternate potential Winner in event that any potential Winner fails to comply with these Official Rules. Winner may also be required to complete any additional legal documents provided by Administrator with respect to the Prize and return them as instructed within the time frame specified or Winner may forfeit Prize in Administrator s sole discretion and an alternate potential Winner may, in Administrator s sole discretion, be chosen from among all of the remaining Eligible Entries received. 10. PRIZE TERMS: Fulfillment of the Prize will be within a reasonable time after the Winner is verified at the Administrator s sole discretion. All Prize details are determined in the Administrator s sole discretion. If for any reason any part of or the entire Prize is unavailable, the Administrator reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prize, including any equipment to be used in connection with the Prize, are solely the Winner s responsibility. The Prize is provided as is. Entrants acknowledge that Sweepstakes Entities have neither made nor are in any manner 3
responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any express warranties provided by a Prize supplier that are sent along with the Prize. Arrangements for the fulfillment of the Prize will be made by the Administrator. Each Winner must supply the Administrator with his or her social security number and completed IRS Form W-9 for tax purposes prior to receiving the Prize. The value of the Prize may be taxable to the Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Prize awarded if the aggregate value of the Prize awarded to Winner is $600 or greater. All federal, state and local taxes, and any other costs and expenses associated with the acceptance and/or use of Prize not specifically provided for in these Official Rules are solely the Winner s responsibility. 11. FORCE MAJURE: Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if the Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities, which, in Administrator s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes is terminated prior to the expiration date stated herein, notice will be posted on the applicable Facebook page, and the Prize will be awarded to a Winner to be selected in random drawings from among all Eligible Entries received up until and/or after, if applicable, the time of modification, cancellation or termination. Administrator reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes without materially affecting the terms and conditions of Sweepstakes. 12. DISQUALIFICATION AND DISCLAIMER: Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. If due to a printing, production or other error, more Prizes are claimed than are intended to be awarded for any Prize level, the intended Prize will be awarded in a random drawing from among all verified and validated prize claims received. In no event will more than the stated number of Prizes be awarded. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, and the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, on-line systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant s or any other person s computer system/software related to or resulting from participation or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software- 4
generated, robotic, programmed, script, macro or other automated on-line entries are permitted and any entries received by such means will be void. Administrator reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated on-line entry; (ii) to have tampered with the entry process or the operation of the Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITED BY LAW. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS. 13. CONTACT: For a copy of the Official Rules or name of the Winner, write to: Virgin America Night VIP Sweepstakes, C/O: Los Angeles Clippers, 1111 S. Figueroa Street, Suite 1100, Los Angeles, CA 90015. All requests must be received by January 31, 2014. 14. MISCELLANEOUS: No waiver of any of the provisions of these Official Rules shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Official Rules, which will otherwise remain in full force and effect. 5