“MileagePlus Miles” Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS, REGULATIONS, AND ORDINANCES. Void outside the fifty (50) United States, the District of Columbia, and where prohibited by law. The Points.com Inc. “MileagePlus Miles” Sweepstakes (“Sweepstakes”) begins January 8, 2019 at 12:00 a.m. Central Time (“CT”) and ends February 1, 2019 at 11:59 p.m. CT (“Sweepstakes Period”). The Sponsor’s computer is the official time keeping device for this Sweepstakes.
1. Sponsor. Sweepstakes sponsored by Points.com Inc., 111 Richmond Street West, Suite 700, Toronto Ontario, M5H 2G4 (“Sponsor”). The Sweepstakes is not sponsored or administered by United Airlines, Inc. (“United”), and no inquiries regarding the Sweepstakes or its rules (except for those rules pertaining to the United MileagePlus program referenced in Section 13) should be directed to United or its affiliates.
2. Eligibility. Sweepstakes is open to all legal United States residents residing in the fifty (50) United States and the District of Columbia, who are at least twenty one (21) years of age or older at the time of entry. Employees, officers and directors of Sponsor, United and their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, and legal counsel, advertising, marketing, public relations, promotional agencies, fulfillment agencies, website providers, and web masters who are involved with the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as the immediate family (defined as parents, spouse, children, siblings, regardless of where they live) and the same household members (whether related or not) of each such employee, officer and director are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has fully complied with these Official Rules and he/she has been notified by Sponsor or its agency to such effect.
3. How to Enter. There are two (2) methods of entry for this Sweepstakes.
- a. Via Purchase. During the Sweepstakes Period, complete a “Buy Personal Miles” transaction via buymiles.mileageplus.com and you will automatically receive one (1) entry into the Sweepstakes for a purchase up to 29,000 MileagePlus Miles and two (2) entries for a purchase of 30,000 or more MileagePlus Miles.
- b. Via Mail. Mail a sealed envelope (postmarked on or before the last day of the Sweepstakes Period) including a page or postcard with your first and last name, mailing address, phone number, email address, and date of birth and a reference to the “MileagePlus Miles Sweepstakes” to MileagePlus Miles Sweepstakes, Dept 4003, PO Box 23806, Rochester, NY, 14692-3806. No metered mail will be accepted. All mail-in entries must be postmarked by February 1, 2019 and received by February 7, 2019. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Limit one (1) entry per outer mailing envelope. Each page/postcard will receive two (2) entries into the grand prize draw.
By entering the Sweepstakes, you automatically agree to be legally bound by the terms and conditions of these Official Rules.
There is a limit of two (2) entries per person regardless of method of entry. Any attempt by any entrant to obtain more than the maximum number of entries permitted in accordance with these Official Rules by using multiple/different email addresses, identities, registrations and logins, or any other method, will void that entrant’s participation and that entrant may be disqualified at the Sponsor’s sole discretion. Use of any automated system to register and/or participate in this Sweepstakes is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any automatic entry with purchase, the authorized account holder of the Mileage Plus account used to purchase miles will be deemed to be the entrant, as long as such person is otherwise eligible and in compliance with these Official Rules. A potential Prize winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.
All entrants and registrations are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purpose of verifying an individual’s eligibility to participate in this Sweepstakes; and/or (ii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
4. Winner Selection and Notification. On or about March 7, 2019, the Sponsor or an independent agency acting on Sponsor’s behalf will select one (1) potential winner in a random drawing of all valid entries received, and such potential winner will be notified approximately one (1) day after the drawing. The potential winner will be notified by email or telephone, at Sponsor's sole discretion, using the contact information associated with such potential winner’s Mileage Plus account or provided by such potential winner at time of entry. Failure to respond to the initial verification email within ten (10) business days of notification or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
Awarding of a prize is subject to verification of potential winner's eligibility and full compliance with these Official Rules. The potential prize winner will be required to sign, have notarized and return an Affidavit of Eligibility/Release of Liability and (where imposing such condition is legal) a Publicity Release (the “Affidavit”) within ten (10) business days of receipt attesting to full compliance with all terms of these Official Rules and to provide other information as required for tax reporting purposes. The potential prize winner accepts and agrees that an electronic signature on such documents will have the same force and effect as the actual, physical signature on same. Noncompliance within the specified time period may result in disqualification and an alternate winner may be selected. Odds of winning a prize depend on the number of eligible entries received.
There is one (1) Grand Prize available to be won. The Grand Prize consists of 1,000,000 MileagePlus Miles and $10,000 cash which may be used to help offset any tax liability. The Grand Prize has an estimated retail value of $30,000 USD.
No substitution, assignment or transfer of prize permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if an advertised prize cannot be awarded as stated for any reason. Sponsor will report prize value as required by the applicable law of Sponsor’s jurisdiction and winner’s jurisdiction, and the Grand Prize Winner will be issued an IRS 1099 Tax Form for the fair market value of his/her prize and is responsible for paying taxes on his/her prize.
6. MileagePlus Terms: Miles accrued, awards, and benefits issued are subject to change and are subject to the rules of the United MileagePlus program, including without limitation the Premier® program (the “MileagePlus Program”), which are expressly incorporated herein. Please allow 6-8 weeks after completed qualifying activity for miles to post to your account. United may change the MileagePlus Program including, but not limited to, rules, regulations, travel awards and special offers or terminate the MileagePlus Program at any time and without notice. United and its subsidiaries, affiliates and agents are not responsible for any products or services of other participating companies and partners. Taxes and fees related to award travel are the responsibility of the member. Bonus award miles, award miles and any other miles earned through non-flight activity do not count toward qualification for Premier status unless expressly stated otherwise. The accumulation of mileage or Premier status or any other status does not entitle members to any vested rights with respect to the MileagePlus Program. All calculations made in connection with the MileagePlus Program, including without limitation with respect to the accumulation of mileage and the satisfaction of the qualification requirements for Premier status, will be made by United Airlines and MileagePlus in their discretion and such calculations will be considered final. Information in this communication that relates to the MileagePlus Program does not purport to be complete or comprehensive and may not include all of the information that a member may believe is important, and is qualified in its entirety by reference to all of the information on the united.com website and the MileagePlus Program rules. United and MileagePlus are registered service marks. For complete details about the MileagePlus Program, go to www.united.com.
7. General Conditions. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then either terminate or resume the Sweepstakes, depending on the issue giving rise to such suspension or termination, in a manner that best conforms to the spirit of these Official Rules. In the event of termination, Sponsor may select the potential Grand Prize winner by some means deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules and, notice of such action by Sponsor will be posted on www.united.com/sweepsTC. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website and/or the legitimate operation of this Sweepstakes or to be acting in violation of these Official Rules or in a disruptive or unsportsmanlike manner or with the intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately damage Sponsor's or any related Sweepstakes website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate). Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. These Official Rules may not be published elsewhere without the express written consent of Sponsor, which may be withheld for any reason.
8. Publicity. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES THE PRIZE WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING VIA THE AFFIDAVIT), UNITED, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH PRIZE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. Release and Limitations of Liability. By participating in this Sweepstakes, entrants agree to release and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, shareholders, representatives, successors, assigns and agents (“Released Parties”), from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
The Released Parties are not responsible for, and entrant hereby releases the Released Parties from any claims or causes of action arising from: (1) incorrect or inaccurate transcription of entry information, winner verification information, or lost, stolen, illegible, incomplete, misdirected entries, or entries received through impermissible, unauthorized or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any website or any other service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes and/or incomplete, inaccurate or incomplete information being displayed on website whether due to unauthorized human intervention, equipment failure/malfunction or other cause; (5) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) any injury or damage to persons or property, including but not limited to entrant’s computer (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Sweepstakes or from downloading any material from Sponsor's or related web site(s), regardless of whether the material was prepared by Sponsor, agency, or a third party, and regardless of whether the material is connected to a Sponsor's or agency’s web site by a hypertext link. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIALS DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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. CHECK STATE AND LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes. To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively in the federal courts in the County of New York, the State of New York (USA), and entrant consents to the personal and exclusive jurisdiction of said courts and expressly waives any right of change of venue, forum non conveniens or any like right; (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 entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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. Subject to applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes and/or any such dispute/claim/cause of action shall be governed by and construed in accordance with the laws of the State of New York (USA) with the sole exception of New York law governing choice of law/conflict of laws.
12. Prize Winners' List: To obtain the name of the Grand Prize winner, send a self-addressed, stamped envelope to MileagePlus Sweepstakes - Winner’s List, Dept 4003, PO Box 23806, Rochester, NY, 14692-3806. All such requests must be received within six (6) weeks after the end of the Sweepstakes Period.