1. PRELIMINARY DISCLOSURES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. MANY WILL ENTER, FEW WILL WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) OR OLDER. PARTICIPATION IN THE PROMOTION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE TERMS AND ACV’S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS PROMOTION.
2. PROMOTION PARTIES
2.1. Promotion Originator. “2023 AeroTime Newsletter Sign Up Competition” (the Competition or the Promotion) is originated by UAB AviationCV.com, a legal entity code 302615625, address Dariaus ir Girėno g. 21, Vilnius, Lithuania (ACV, or we, us).
2.2. Eligible Participants.The Competition is open only to persons meeting all the requirements recited in Section 1 (the Participant or you, your).By participating in the Promotion Participants agree to be bound by these terms and conditions (the Terms).
2.3. No one who is an employee or independent contractor, officer, or director of ACV, or any of ACV’s agents, representatives, advertising, promotion, publicity and fulfilment agencies, legal advisors, successors and assigns, and any other company or person that is involved with the production, design, execution, administration or distribution of this Promotion (the Ineligible Participants),is eligible to enter or win, nor is anyone who lives with (whether or not related), or who is an immediate family member of, any one of the Ineligible Participants (i.e., parents, siblings, children and their respective spouses, regardless of where they reside). The Promotion is subject to all applicable federal, state, territorial, provincial, municipal and local laws and regulations and is void where prohibited or restricted by law.
3. PROMOTION SCHEDULE
3.1. Promotion Calendar.The Promotion starts October 23, 2023 and ends December 31, 2023. ACV reserves the right to end this Promotion at any time.
4. PROMOTION TERMS
4.1. How to Enter (the Entry Requirements). To submit an Entry anytime during the Promotion Entry Phase (Points 4.1. and 4.2. of the Terms, collectively, the Submission):
4.2. Entrants will have to sign up for AeroTime newsletter through newsletter sign up pop-up or/and https://www.aerotime.aero/subscribe in Aerotime.aero webpage.
5. PARTICIPATION GUIDELINES
5.2. Proof of submission of an Entry is not proof of delivery or receipt of that Entry by ACV. Use of a false email account will disqualify an Entry. If there is a dispute regarding an Entry, or the identity of a Participant, the Entry at issue will be deemed by ACV to have been made by the natural person who is the authorized account holder assigned by an Internet access provider to the email address associated with the Entry, and that person must comply with these Terms. Participants may be required to show proof of being the authorized account holder.
5.3. By participating in the Promotion, each Participant accepts and agrees that ACV, in its sole discretion, may disqualify any Participant who (whether in fact or by attempt) subverts, circumvents, or tampers with the entry process, or the lawful operation of this Promotion or the Website, or who ACV finds to be acting in an unsportsmanlike or disruptive manner, or in a manner otherwise in violation of these Terms.
6. WINNER SELECTION AND NOTIFICATION, ODDS OF WINNING
6.1. Winner Selection and Notification. Potential winner(s) will be determined every week until December 31, 2023. Potential winner(s) will be notified by an email sent to the email address specified.
6.2. If a potential winner cannot be contacted, is contacted and does not respond in a timely manner with all required information, or fails to claim the prize as directed within the time allotted following attempted notification, refuses the prize, is ineligible to accept the prize, is otherwise not in compliance with these Terms, or if the attempted prize notification is returned as undeliverable, then the prize at issue will be forfeited and, at ACV’s sole discretion, not awarded or awarded to an alternate winner..
6.3. Display or publication of any Content by ACV does not indicate the Participant will be selected as a winner.
6.4. A Participant is not a winner, even if a prize notification is received, unless and until the Participant’s eligibility and the potential winning Entry has been verified and the Participant notified that verification is complete. Potential winners must continue to comply with these Terms.
7. PRIZES TO BE AWARDED
7.1. Total weekly prizes to be awarded and descriptions. 1 (one) total prize will be awarded in this Promotion every week. Prize is described below:
7.1.1. Prize: Microsoft Flight Simulator Deluxe 40th Anniversary Edition The Deluxe 40th Anniversary Edition includes everything from the Standard Edition plus 5 additional highly detailed planes with unique flight models and 5 additional handcrafted airports. Worth: $89.99. PC game edition: https://www.xbox.com/en-US/games/microsoft-flight-simulator#purchaseoptions.
7.2. 7.2. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. No alternative to prize is available. Participants are responsible for all applicable federal, state, territorial, provincial, municipal and local taxes, costs associated with wire transfer or currency exchange, or any other costs and expenses associated with prize receipt, acceptance, or use. Only the advertised number of prizes and those claimed in accordance with these Terns will be awarded. ACV will arrange and determine mode of delivery of prizes to winners.
8. PARTICIPANTS’ AGREEMENT TO THE TERMS AND DECISIONS OF ACV AND JUDGES
9. DATA PROTECTION
9.2. Participants’ Right to Opt-Out from ACV’s use of Personal Data. Each Participant may refuse to have his/her personal information collected, transferred, used, or disclosed by ACV as described in these Terms (Opt-Out) by choosing to not participate in the Promotion.
10.1. Limitations of Liability. ACV do not guarantee the processing or posting of any Entry or vote, or the functioning of the Website. ACV are not in any way responsible or liable for any act, omission, or breach of contract or warranty by the Participants, or any infringement or violation of any right of publicity, privacy, intellectual property or proprietary rights, or for any loss (including loss of opportunity) or other claim arising from or in relation to the Promotion, or any Entry or vote submitted, or for the authorized or unauthorized actions of Participants or other third parties. ACV are not responsible for events requiring a cancellation or postponement of the Promotion, or for Entries or votes that are incomplete, illegible, lost, intercepted, misdirected, or not otherwise received by ACV, or for hardware or software malfunctions, delayed, unavailable, or failed network connections or communications, or other errors or impediments of any kind, whether technical or non-technical in nature, relating to the Promotion, its administration, the processing of Entries or votes, or the announcement of winners.
11.1. ACV’s right to cancel, terminate or modify the Promotion. ACV reserves the right to cancel, terminate, or modify the Promotion, or any portion thereof at any time and without notice, if in ACV’s opinion the Promotion has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond ACV’s reasonable control, including without limitation, an insufficient volume of participation or eligible Entries, and to select potential winner(s) from among eligible, non-suspect Entries received, or any other reason at ACV sole and absolute discretion. While ACV may take action against fraudulent activities of Participants, ACV assumes no responsibility or obligation to proactively police Participants’ activities, or to investigate any or all claims of fraudulent activity.
11.2. Not an offer or contract of employment. This is a Promotion for prizes only and not an offer or contract for employment. Under no circumstances will participation in this Promotion, the submission of an Entry, awarding of a prize, or anything in these Terms be construed as an offer or contract of employment with ACV. Each Participant acknowledges and agrees that no confidential, fiduciary, agency, or other special relationship or implied in-fact contract now exists between him/her and ACV, and no such relationship is established by Participant’s decision to submit an Entry in this Promotion.
11.3. Governing law, venue, disputes. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of ACV and Participants, will be governed by, and construed in accordance with, the laws of the Republic of Lithuania, without giving effect to any choice of law or conflict of law rules or provisions (or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the Republic of Lithuania.
11.4. We try to provide clear rules so that we can limit or hopefully avoid disputes between you and ACV. However, should it be the case, all and any disputes, controversies and claims arising out of or relating to these Terms, their breach, termination, rescission or validity shall be resolved according to the order established in laws of the Republic of Lithuania at the courts of the Republic of Lithuania at the place of the registered office of ACV. Except where prohibited, Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action.
11.5. The failure of ACV to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect.
11.6. These Terms operate to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
11.7. You agree that any notices ACV may be required by applicable law to send to you will be effective upon ACV’s sending an e-mail message to the e-mail address you have on file with ACV. All correspondence between ACV and Participants shall be in English.
11.8. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACV as a result of these Terms or your use of the Website. A printed version of these Terms and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
11.9. Nothing contained in these Terms limits ACV’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us in connection with such use.
11.10. If you have any questions or need assistance regarding these Terms, please contact ACV by email: email@example.com.