Jetblue – Healthcare Heroes – Win punitive special incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than for actual out-of-pocket expenses
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS.
1. Sweepstakes Period: These Official Rules apply to the JetBlue Healthcare Heroes Sweepstakes (“Sweepstakes”). The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on May 6, 2020 and ends at 11:59:59 p.m. ET on May 15, 2020 (“Sweepstakes Period”).
2. Sponsor: JetBlue Airways Corporation, located at 27-01 Queens Plaza North, Long Island City, New York 11101 (hereafter, “Sponsor”, “JetBlue Airways” or “JetBlue”).
3. Eligibility: The person who submits the entry will be referred to herein as the “Entrant” or “Nominator”. In order to participate by submitting an entry as a Nominator in the Sweepstakes, you must be a legal resident of the contiguous 48 United States, including the District of Columbia, and Puerto Rico, 16 years of age or older at the time of entry. The person you nominate (“Nominee”) in your entry must be a legal resident of the contiguous 48 United States, including the District of Columbia, and Puerto Rico, 18 years of age or older who is an Eligible Healthcare Worker, Public Health Worker, or First Responder who are actively serving on the frontlines of the Covid-19 response (as defined below) at the time of entry. A Nominator should have the Nominee’s permission to nominate them in this Sweepstakes. Void outside the contiguous 48 United States and Puerto Rico, and where prohibited. Employees, officers and directors of JetBlue Airways Corporation (“JetBlue” or “Sponsor”), Promosis, Inc. (“Administrator”) and each of their respective parent companies, affiliates, distributors, subsidiaries, prize providers, advertising/promotion agencies and the immediate family members (spouses, parents, children and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of any of the foregoing, whether or not related, are not eligible to enter or win. Sponsor, Administrator, and each of their respective parent companies, affiliates, distributors, subsidiaries, prize providers, and advertising/promotion agencies and all of their employees, officers, directors and agents are each a “Released Party” and shall hereinafter collectively be referred to as the “Released Parties.”
4. To Enter: Visit https://www.jetblue.com/healthcarehero any time during the Sweepstakes Period and follow the directions to nominate a deserving healthcare, public health worker, or first responder who are actively serving on the frontlines of the Covid-19 response, as defined below, by completing and submitting the entry form, including a brief description (280 characters or less) of why you are nominating that person.
Entry must (i) be Entrant’s own original work, (ii) be in English, (iii) cannot be previously published or submitted in connection with any other promotion, (iv) be in keeping with the Sponsor’s image and (v) not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with Sponsor’s image, or that is otherwise not in compliance with these Official Rules.
Eligible Healthcare workers, Public Health workers, and First Responders are defined here as those who are actively serving outside of their homes on the frontlines of the of the Covid-19 response in the following roles:
a. Workers who perform critical clinical research, development, and testing needed for COVID-19 response.
b. Healthcare providers and Caregivers including physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, optometrists, speech pathologists, chiropractors, and diagnostic and therapeutic technicians and technologists.
c. Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.).
d. Workers in other medical and biomedical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical good and supplies).
e. Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators, distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products.
f. Public health / community health workers, including those who compile, model, analyze and communicate public health information.
g. Blood and plasma donors and the employees of the organizations that operate and manage related activities.
h. Workers who manage health plans, billing, and health information, who cannot practically work remotely.
i. Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely.
j. Workers performing information technology and cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely.
k. Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely.
l. Pharmacy employees necessary to maintain uninterrupted prescription filling.
m. Workers performing mortuary funeral, cremation, burial, cemetery, and related services, including funeral homes, crematoriums, cemetery workers, and coffin makers.
n. Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family members, responders, and survivors of an incident.
o. Police officers, paramedics, EMTs, firefighters, and those who are immediately responding to the scene of emergencies and accidents to provide assistance in an official capacity on the frontlines of Covid-19.
5. Trademarks: All trademarks and trade names featured at jetblue.com and at Sponsor’s social media platforms are trademarks of Sponsor (“Sponsor’s Trademarks”).
6. Drawing and Winner Notification: Potential Grand Prize winners will be selected via a random drawing from among all eligible entries received. Drawing will be conducted, beginning approximately May 18, 2020, by Promosis, an independent judging organization whose decisions will be final and binding in all matters relating to this Sweepstakes. Nominators of potential Grand Prize winners will be notified via email by Promosis, from the email JetBlue@email-hub.com, to the address supplied during entry, and will be requested to forward the notification email to their Nominee, for winner verification. The Nominee will be required to click on the unique link in the notification email and complete and submit the online Eligibility Verification form and liability/publicity release (except where prohibited) within three (3) days of the date of the initial email notification, or prize may be forfeited. Potential Grand Prize winners will be required to provide to Promosis a copy of healthcare or first responder employer-issued I.D. or other proof (in a form acceptable to Sponsor) of healthcare worker or first responder employment or volunteer status, or prize will be forfeited. Any entry, Entrant, or Nominee that is determined to be ineligible according to eligibility requirements, or any prize notification that is returned as undeliverable, or any potential Grand Prize winner who does not respond to the winner notification within the specified time period or refuses to accept the prize or complete all required documents will be disqualified, and an alternate Grand Prize winner may be randomly selected from the remaining pool of eligible entries received for the original drawing. A potential Grand Prize winner will not be an official Grand Prize winner until all required documentation has been submitted, and eligibility has been formally verified. Entrants who nominated the Grand Prize winners will not receive a prize. Grand Prize winners may be requested to provide a photo of themselves to Promosis and permission for use of such photo by Sponsor in post-Sweepstakes social media content. Sponsor is not responsible for fraudulent communications made to Entrants or Grand Prize winners not by Sponsor or Sweepstakes Administrator. Odds of winning will depend upon number of eligible entries received.
7. Prizes: Ninety thousand (90,000)Grand Prizes: each Grand Prize consists of two (2)JetBlue Travel Certificates, each redeemable for one (1) JetBlue round-trip flight, valid from any city to any city that JetBlue flies to, in accordance with the terms and conditions as delivered with such Travel Certificates. The approximate retail value (“ARV”) of each Grand Prize = $500. Total ARV of all Grand Prizes = $45,000,000. Winners are solely responsible for government taxes/fees associated with flight booked as well as all applicable federal, state, or local taxes on the value of the prize won.
Travel Certificate Terms and Conditions:
Each Travel Certificate is good for one-time use by one person in accordance with the travel restrictions identified on or in connection with the Certificate. All travel must be booked and flown within the specified validity dates. In the event that a Travel Certificate does not include dates of validity, the Certificate shall be good for travel booked and flown within one (1) year of the date of issuance. If specific flights or departures/destinations are not identified on or in connection with the Travel Certificate, the Certificate may only be redeemed for one-way JetBlue flights to/from JetBlue cities. (Not all JetBlue cities connect; please call 1-800-JETBLUE (538-2538) for information on connecting cities.) Redeemed travel is subject to availability, blackout dates, and capacity controls (flights to/from Caribbean destinations subject to heightened capacity controls), and seats may not be available on all flights. Flight schedules are subject to change without notice. Certificate is not valid for bookings on Mint, partner airlines or code share or interline flights or for use in connection with JetBlue Vacations packages, cruises or any other products or services. Certificate is transferable; however, at no time may it be purchased, sold, bartered, traded on an auction website or otherwise exchanged for value without prior written consent from JetBlue. Certificate cannot be partially redeemed, is not redeemable for cash, and has no cash value. Customers are subject and entitled to all provisions of JetBlue’s Contract of Carriage. See http://www.jetblue.com/p/jetblue_coc.pdf for details. If traveling outside of the United States of America, Customers are responsible for any and all documentation requirements, including but not limited to, proof of citizenship and all applicable visa requirements. For travel to Cuba, each passenger must comply with regulations administered by the United States Office of Foreign Assets Control (OFAC) and is solely responsible for ensuring that his or her trip is authorized under at least one of the OFAC approved license categories and for obtaining any applicable visa. JetBlue is not responsible for a passenger’s failure to present or provide adequate travel documentation required by the applicable laws of the territories a passenger is traveling to or from. Government taxes and fees apply to travel booked using a Certificate, are the responsibility of the passenger, and will vary based on route. For travel to Cuba, the fees payable will include Cuban government-required health insurance coverage provided by Asistur, the terms and conditions of which can be accessed from the ESICUBA website: http://www.esicuba.cu/ProdPersonas.html. Government taxes/fees are subject to change as required by law. Passenger must pay all applicable taxes and fees using a major credit card at the time of booking. To view more information regarding applicable taxes and fees, see http://www.jetblue.com/legal/taxes/. Two checked bags are included subject to size and weight limits. Additional bags are $100 each. Passenger is solely responsible for fees for any oversized, overweight or extra baggage and fees for products/services sold separately, such as Even More Space seats, pet fees, etc. To view baggage fees and other optional services and fees, see http://www.jetblue.com/legal/fees/. A Travel Certificate may be redeemed only by calling 1-855-337-9612 and providing the authorization number and PIN number included on the Certificate. Travel Certificates may not be redeemed at airport ticket counters or online. The authorization number and/or PIN number cannot be replaced if lost or stolen (except as required by law), and JetBlue is not responsible for lost or stolen Travel Certificates, authorization numbers or pin numbers. Customers will not be able to redeem their Travel Certificate without the authorization number and PIN. Redeemed travel is not eligible for TrueBlue points. (TrueBlue is JetBlue’s loyalty program.) JetBlue’s change/cancel policies (including certain change/cancel fees) apply. If passenger is a no-show for reserved flight or does not change/cancel prior to scheduled departure, passenger will forfeit the Certificate(s) and all money associated with the reservation. Additional terms and restrictions apply. See http://www.jetblue.com/legal/ for details.
Grand Prize winners are solely responsible for any costs and expenses associated with prize acceptance and use not specific herein as being provided. Grand Prize does not include and is exclusiveof taxes, fees, service charges, miscellaneous in-flight expenses, and any other personal expenditure. Any costs associated with the prize not specified above are at the winner’s discretion and are not included. Grand Prize winners and their travel companions are responsible for obtaining any and all necessary travel documentation. Sponsor will not be responsible for replacement of any lost or stolen airline tickets, boarding passes, or other flight documentation once they are in Grand Prize winner’s possession. Sponsor is not responsible for any postponement, delays, or cancellation of air travel in connection with the prize. No refund or compensation will be made in the event of such occurrences. No substitution for prize permitted, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value for any reason. Prizes cannot be transferred or redeemed for cash. No more than the stated number of prizes will be awarded. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
8. General Conditions:Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, prizes will be awarded via random drawing from among all non-suspect, eligible entries received up to the time of such cancellation or as otherwise deemed fair and appropriate by Sponsor.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Waiver of Liability and Release:By participating in the Sweepstakes and submitting an entry, each Entrant and Nominee waives, discharges, and fully releases Released Parties from any and all liability, injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Sweepstakes or from the receipt or use of any prize or from any activity related to the receipt or use of any prize (including any travel or activity related thereto). By receipt of any prize, each Grand Prize Winner agrees to release and hold harmless the Released Parties 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 Sweepstakes or receipt or useor misuse of any prize (including any travel or activity related thereto) and assumes the risk(s) of traveling to a city other than his/her own.
10. Publicity Grant and License/Use of Entries: By participating, each Entrant and Nominee waives all moral rights in and to the entry and grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the entry and all elements of such entry, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of Entrant and/or Nominee (including, but not limited to, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, Entrant, Nominee or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Entrant and Nominee agree that, if required by Sponsor, he/she will sign documents to this effect. Released Parties are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
11. Limitation of Liability: Released Parties are not responsible for stolen, late, incomplete, inaccurate, misdirected, lost, damaged, garbled, delayed, or incomplete entries, email or other communications; for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections; availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, or lines; or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing, or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participant‘s or any other person’s computer, wireless phone/smartphone or landline phone related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten, or harass any other Entrant or any representative of Sponsor and/or the Released Parties, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, and their respective agents. Sponsor shall have the sole right to disqualify any Entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and to resolve all disputes in its sole discretion.
12. Dispute Resolution: By participating in the Sweepstakes, each Entrant and Nominee agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or the prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, and in no event will Entrant or Nominee be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any Entrant or Nominee be permitted to obtain any award for, and Entrant and Nominee hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants, Nominees and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, County of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. Winners List: For the names of the Grand Prize winners, available until August 15, 2020, send a standard-size postcard, only, with your name and address to: JetBlue Healthcare Heroes Sweepstakes Winners List, P.O. Box 38, Marblehead, MA 01945. Do not send any other correspondence to this address.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
15. NATURE OF SPONSOR’S BUSINESS: Air Transportation.
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