Rules

NAME OF CONTEST: SAFETY DANCE BATTLE CONTEST (the “Promotion”), OCTOBER 2013.

SPONSOR AND ADMINISTRATOR: Virgin America Inc. (the “Sponsor(s)”) and One Trick Pony (the “Administrator”)

ELIGIBILITY REQUIREMENTS: The Promotion is open only to individuals who 1) are legal residents of the fifty (50) United States of America and the District of Columbia who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry; 2) are not employees, officers, directors or immediate family members (spouse, parent, child, sibling or their respective spouses, including step-parents, step-siblings and step-children and their respective spouses, regardless of where they reside, or members of the same household, whether or not related) of the “Sponsor(s).”

Individuals who meet the above requirements are referred to as “Eligible Entrants.” The Promotion is subject to all applicable federal, state and local laws, rules and regulations. Void outside the United States and where prohibited or restricted by law, rule or regulation.

TIMING: The Promotion consists of one (1) entry period ("Entry Period") beginning at 5:00 am Eastern Time (“ET”), 10/29/2013 and ending at 3:00 pm ET, 11/22/2013.

HOW TO ENTER: During the Entry Period, visit the Virgin America Contest Microsite page at www.VXsafetydance.com. Then, follow the instructions to download or stream the safety video song, upload a video of your dance to your Instagram account with the hashtag #VXsafetydance, and then visit the Microsite to connect to Instagram and submit the entry form. On the entry form, you will be asked to provide your first and last name, a valid email address, phone number, zip code, and your date of birth. You will receive one (1) entry per submission. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Video Submission Restrictions:

  • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
  • The Submission must have been created by the entrant;
  • The Submission must not contain material that is inappropriate, depicts nudity or is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material 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;
  • The Submission must not contain material that promotes any illegal activities or any other activity that may appear unsafe or dangerous;
  • The Submission must not contain material that promotes any particular political agenda or message;
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created;
  • The Submission must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs.

The Sponsor is not responsible for entries that, for any reason, are not received, or for entries that are received, but are not decipherable for any reason. There are unlimited amounts of entries from an individual.

WINNER DETERMINATION: The winner of the Promotion will be selected from among all eligible entries received during the Entry Period. One winner that meets the eligibility requirements will be selected during the Entry Period.

At the end of the Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the top video submission from among all eligible submissions. Submissions based on the following criteria (“Judging Criteria”) for a total of One (1) winner during the Entry Period:

• 1st criteria, creativity/originality (50%)
• 2nd criteria, fitting the Safety Video Contest Theme to include freestyle dance moves in style of the dance moves in the Virgin America Safety Video (50%)

Decisions of the judges are final and binding. Only winner will be notified. Entrants will not be notified if their Submission is disqualified or if their Submission does not win. Odds of winning depend on the total number of eligible entries received.

PRIZES: One winner will win an opportunity for inclusion in the 2014 version of the Virgin America in-flight safety video fleetwide. Winner will also receive two (2) Round Trip Main Cabin flights valid for one (1) year anywhere on the Virgin America network. Seats are subject to availability and seats will not be available during certain holiday periods and blackout dates. Blackout Dates include 11/23/13, 11/26/13, 11/27/13, 11/30/13, 12/1/13, 12/20/13, 12/21/13, 12/27/13, 12/28/13, 1/2/14-1/6/14, 1/16/14-1/20/14, 2/13/14-2/17/14, 3/14/14-3/23/14, 4/18/14-4/21/14, 5/2/14-5/5/14, 5/23/14-5/26/14, 7/3/14-7/7/14, 8/29/14-9/2/14, 10/10/14-10/13/14, 11/7/14-11/11//14. Schedules and markets are subject to change without notice. Passes are not eligible for upgrades or premium seats, nor are redeemable for cash. If traveling internationally, guests are required to pay for all International Fees & Taxes. Changes to the reservations cannot be made after booked. Tickets must be booked no later than twenty one (21) days prior to travel. Winner and any guest are responsible for having all necessary identification and other documents necessary. All travel is subject to availability, some restrictions may apply.

NOTIFICATION: The potential Winner will be notified via email by Virgin America on or around December 16, 2013 to request all eligibility information, his/her email address, telephone number and mailing address within three (3) days following determination of the Winner (the "Prize Notification"). In the event that the Prize Notification is returned as undeliverable, or the potential Winner is otherwise unreachable for any reason, the Sponsor may award to an alternate potential Winner. If any potential Winner does not respond to any such Prize Notification within three (3) days of date of issuance, a disqualification may result, and an alternate potential Winner may be chosen. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize or Prize Notification as undeliverable may result in disqualification, and may cause an alternate potential Winner to be chosen. If any potential winner is deemed a minor under the laws of his/her state of residence, confirmation of eligibility and acceptance of these Official Rules may be required from a parent or legal guardian or disqualification may result.

WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion and submitting an entry/entries, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Virgin America Inc. and One Trick Pony and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of any Prize or any travel or activity related to the receipt or use of any Prize. The Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram. Each Winner, by acceptance of Prize, and each of their respective designees the right to publicize such Winner's name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

Entries will be delivered to the Sponsor only, and not to Instagram. Entrants will not be notified if their privacy settings preclude entry and could be disqualified. By entering this Promotion, each entrant gives their express permission to be contacted by the Sponsor, by @reply on Facebook, Twitter, Instagram, Google+, telephone, email and/or postal mail for Promotion purposes only.

GENERAL CONDITIONS: By participating in the Promotion and submitting an entry/entries, each entrant agrees to all terms and conditions and further agrees that the Released Parties are not responsible for stolen, late, incomplete, inaccurate, misdirected, lost, damaged, delayed, postage-due or garbled entries, email or mail; or 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, 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 (including social media networks), computer, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize or in any Promotion -related materials, or the cancellation or postponement of any travel flight or lodging. For details regarding collection of information from Eligible Entrants, please consult the privacy policy available on the Sponsor’s Web sites. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty. Any Sponsor’s or Prize Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of cancellation, the Sponsor may elect to identify winners and award the prizes from among all non-suspect, eligible entries received up to the time of such cancellation

UNFAIR PLAY: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries generated by a script, macro or other mechanical or automated means will be disqualified. The Sponsor reserve the right, in their sole discretion, to amend, modify, cancel or suspend the Promotion (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof). Persons who tamper with or abuse any aspect of the Promotion or website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.

SUBMISSION TO JURISDICTION: This Agreement will be governed by the laws of the State of California. Any court of competent jurisdiction sitting within San Mateo County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The Sponsor will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

ARBITRATION PROVISION: As a condition of entering this Sweepstakes, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in the County of San Francisco, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.

WINNER’S LIST: For a winner’s list, submit your request to promos@virginamerica.com by December 31, 2013.