Gift a Plane

Información Legal

 

 

Privacy Policy

 

At Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. (‘‘Volaris’’), domiciled at Antonio Dovali Jaime No. 70, Torre B, Piso 13, Col. Zedec Santa Fe, Delegación Álvaro Obregón, C.P. 01210, México, Ciudad de México, we are committed to protecting your privacy. This Privacy Policy outlines the information that you provide as a participant, how we collect it, what we do with it and how we protect it.

 

Why do we collect and use your personal data?

 

Personal data collected will be used for registration purposes so that you may participate in our "Gift a Plane: Father’s Day" promotion, and to conduct surveys on the services provided, and send e-mail information about promotions and additional services offered by us or our partners.

 

Personal data collected and means of collection

 

Personal data submitted for the purposes described in this Privacy Policy is collected at the time you register for the Promotion on Volaris' "Facebook", "Twitter" and "Instagram" accounts through the "Gift a Plane USA" application.

 

 Information collected from Participants:

 

- Name(s)

- Surname(s)

- E-mail

- Telephone No.

- Country and state of residence

- Participant's picture

 

 

Safety

 

Volaris has appropriate security measures in place to protect the information you provide against loss, misuse, or alterations.

 

Upon sending your information, you agree to your personal data being transferred to third parties providing the website's hosting service and to third parties related to such provider, as well as to our affiliates and subsidiaries.

 

Personal data may only be transferred to third parties other than those mentioned in the above paragraph by: (i) express consent, (ii) by court or administrative order, and (iii) in the event of personal information that, by law, is considered public.

 

Changes to Privacy Policy

 

Volaris reserves the right to amend all or part of the terms and conditions of this Privacy Policy, in which case we shall notify you via our website, which we recommend to visit regularly.

 

Acceptance of Privacy Policy and Access, Amendment, Cancellation and Objection rights

 

Before participating in the Promotion, please review this Privacy Policy, which you accept when you submit your personal information.

 

You may exercise your Access, Amendment, Cancellation and Objection rights regarding the personal data you provided and limit its use by sending a request by email to datos.personales@volaris.com or by writing to the following address: Antonio Dovali Jaime Número 70, Torre B, Piso 13, Colonia Zedec Santa Fe, Delegación Álvaro Obregón, C.P. 01210, México, Ciudad de México, Atención: Protección de Datos Personales.

 

5. Contact Information

You may contact us by phone at 01 800 1228000 from within Mexico, or at 1102 8000 from Mexico City, or at 1 866 988 3527 toll-free from the United States.

 

Terms and Conditions of the

 

"Gift a Plane: Father's Day" Promotion

 

These terms and conditions (hereinafter, the "Terms and Conditions") are intended to regulate and establish the procedures applicable to the "Gift a Plane Father's Day" promotion (hereinafter, the "Promotion"), organized and managed by Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. (hereinafter "Volaris").

 

I.       Promotion

 

The Promotion requires that people who want to participate shall enter one of Volaris' social networks (Facebook, Twitter or Instagram) (hereinafter, the "Social Networks") and, by using the #GiftAPlane hashtag, shall submit a photo and a brief description of it (hereinafter, the "Photo") nominating someone whose life story and Photo make him a potential winner of the Promotion prize described below.

 

In order to participate on Facebook, Nominators must submit their entry on our US Facebook timeline or as a comment within one of our Facebook posts. The entry must include the Photo of the nominee.

 

In order to participate on Instagram, Nominators shall submit their entry on our US Instagram page by posting a Photo of their nominee and one or more of the following: hashtag #giftaplane, mentioning us in the caption, or tagging us in the Photo.

 

In order to participate on Twitter, Nominators must submit their entry by using the hashtag #giftaplane or by replying to our Promo Tweets. The entry must include a Photo of the nominee.

 

For their nomination to be valid when nominating via Instagram, the nominator’s profile needs to be set as public for the duration of the promo, up to the announcement of the winners.

 

Of all the Photos entered through Social Networks, the 10 (ten) Photos with more likes (including the new Facebook reaction buttons (like, love, haha, yay, wow, sad, angry) will be finalists and a jury will select the 3 (three) winning Photos. The prize of the winners will be a year of unlimited flights to any of the routes operated by Volaris and to have his name displayed on an aircraft of Volaris fleet, on the understanding that only the nominated person will receive the prize, and not the participant who entered the Photo in the Social Networks.

The Nominators have to reside in the United States. However, the Nominees can be a resident either from the United States or Mexico, provided that they possess the proper legal documentation to travel to the chosen destination.

 

 

II. Promotion Period

 

The Promotion period shall be effective exclusively from 12:00 hrs (noon) June 12th, 2016 to 08:00 am CT hrs June 19th, 2016, 11:59 pm CT.

 

The Jury shall be composed of five (5) Volaris executives who will be casting their vote between June 20th and June 21st, 2016.

 

The Participants who nominated the winners will be notified first on June 22nd, 2016 through Social Networks. While the winning Photos will be posted on Volaris' Social Media networks on June 24th

 

The Promotion's Benefit shall be valid for 365 (three hundred and sixty five) days starting on June 27th, 2016.

 

III. Territory

 

The Promotion applies only to participants within the United States of America.

 

IV. Participation Requirements

 

No purchases or other formalities need to be made or completed, except complying with the following requirements:

 

- Being of legal age at the time of entry, pursuant to the law of the place of residence.

- Individuals wishing to participate in the above described promotion shall:

- Submit a Photo in Volaris' networks, using the #GiftAPlane hashtag, as of 12:00 hrs CT June 12th, 2016 to 23:59 hrs CT June 19th, 2016.  

- Accept these "Terms and Conditions" and the "Privacy Policy".

- To participate, the following information needs to be provided:

             - Participant's and nominee's name(s) and surname(s).

             - Photo and a brief description of it nominating someone to win the prize.

- All Photos and its descriptions shall be subject to review before being posted by Volaris, to ensure compliance with the provisions herein.

- All the received Photos shall be qualified by a Jury who will select 3 (three) winners.

- The jury will consist of 5 (five) Volaris executives, who will take into consideration the provisions herein to select the winning Photos.

- Once the jury has selected the 3 winning Photos, the decision shall be final.

- Assessment criteria: The judges will select the winners based on criteria such as originality, creativity, relevance and adherence to Volaris values ​​and culture contained in the Photo and its description, which shall include the reasons why the nominee should win a year of unlimited flights to any of the routes operated by Volaris and having his name displayed on an aircraft of Volaris fleet.

- Photos containing the following topics shall be disqualified, may not participate and may not be considered for the Promotion:

a)     Swearing, profanity, sexually suggestive and/or violent scenes, as well as derogatory or discriminatory phrases or words.

b)     Third-party brand names, trademarks and/or commercial messages.

c)     Any of the following topics:

1. Sex

2. Consumption and/or sale of drugs or banned substances

3. Weapons in general

4. Death, accidents of any type and diseases such as claustrophobia, fear of heights, vertigo, contagious diseases, etc.

5. Providers of services similar or analogous to those provided by Volaris, competitors.

6. Attacks on religions, political parties, ethnic groups, nationalities or sexual preferences.

7. Plane crashes, terrorism, skydiving (or any action inciting to exit the plane).

 

- Participants may register once, and participate with a single Photo. If more than one registration per Participant is identified, only the first registration shall be considered, while any subsequent registration shall be disqualified.

- The winners of the Promotion will have their names displayed on a Volaris aircraft, without this conferring them any right to any kind of compensation.

- The winners of the Promotion agree to participate in Volaris advertising campaign, in which his image, name, age, city of residence and profile picture used on Social Networks may appear, without thereby becoming entitled to any compensation.

- The winners of the Promotion also agree that Volaris may approach through digital media with the intention of obtaining personal or telephone interviews, audio and video recordings and/or taking pictures. Also, the winners authorize Volaris to publish these interviews, audio and/or video and/or pictures through any mass media, without thereby becoming entitled to any compensation. The above, on the understanding that the winners will have the obligation to cooperate with Volaris in such activities.

- Volaris may also ask Participants for their help (without being mandatory to provide it) to generate commercial activations, as well as any kind of promotions within or outside the Participant's city of residence, without such action conferring any right to compensation.

- All Participants agree that Volaris may use their Photo for advertising in traditional media (billboards, TV, radio, etc.) and digital media (Social Networks, banners, etc.)

- Winners are required to send:

                  - At least 5 (five) pictures of each trip they have made by using the Promotion Benefit.

                  - The pictures should reflect their travel experience with Volaris, and must not contain any of the following topics:

a)    Sex

b)    Consumption and/or sale of drugs or banned substances

c)    Weapons in general

d)    Death, accidents of any type and diseases such as claustrophobia, fear of heights, vertigo, contagious diseases, etc.

e)    Providers of services similar or analogous to those provided by Volaris, competitors.

f)     Attacks on religions, political parties, ethnic groups, nationalities or sexual preferences.

g)    Plane crashes, terrorism, skydiving (or any action inciting to exit the plane).

h)    Each Participant must provide a representation stating that:

a)     He/she is the sole responsible for the content and consequences of /his Picture and /his travel pictures, releasing Volaris from any liability regarding the content (message) that is or may be registered by third parties in terms of intellectual or industrial property, i.e., trademarks, trade names and commercial messages, copyrights, etc., agreeing to hold Volaris harmless from any claims that may arise with regard to such Picture or pictures.

b)     The content of the Photo and its description do not promote any company, corporate group, commercial establishment, or any other company regardless of its legal form, other than Volaris.

c)     He/she guarantees to Volaris that he/she is the owner of the Photo with which he/she is participating and commits to holding Volaris, its affiliates and subsidiaries, harmless, at no cost to Volaris, including attorneys' fees, from any claim raised by any third party claiming rights on the Photo and/or its description. The Participant whose Photo(s) are claimed and qualified as third-party property shall be disqualified from the Promotion. The above, on the understanding that once the Photos have been posted in the Social Networks they shall become the property of Volaris and shall not be deemed the property of the person who shared them in the social networks nor will they be returned.

d)     He/she authorizes the Photos and its descriptions to be reproduced in Volaris' Social Networks.

- Only the entries that comply with each and every one of the above conditions shall be allowed to participate.

- The Photos and its descriptions may be shared in Volaris' Social Network official accounts, as well as in the participants' personal accounts.

- On June 24th – 27th, 2016 Volaris will send an e-mail to those Participants whose Photos were selected as winners, providing them directions on how to claim the award for the people they nominated, as well as the e-mail and directions to send the pictures taken on the trips made using the Promotion Benefit.

- The winning Photos will be posted on Volaris' Social Networks on June 22th, 2016. The name of the winners will also be posted on Volaris' Social Networks.

- Volaris reserves the right to delay the announcement of the winners for any reason deemed necessary and without any liability to Volaris.

- Winners will have until 12:00 hrs of June 27th, 2016 to claim their prize by answering the notifying e-mail that was sent to them.

- Winners who do not claim their Promotion Benefit by the above date shall forfeit the right to claim it on a later date, and Volaris shall proceed to award the prize to the next person in the ranking.

- Once the prize has been claimed by the winner, Volaris shall provide him with a certificate, as well as the policies and terms and conditions to which the use of the Promotion Benefit is subject.

- Each winner must provide the full name of one (1) accompanying person, as it appears on his official ID, who must be of legal age, depending on the jurisdiction of his place of residence, and must be a resident of the United States of America. This accompanying person shall be the only person to receive the Promotion Benefit along with the winner, provided, however, that he/she may only use the Promotion Benefit if he/she travels with the winner. The designation of this accompanying person is irrevocable.

- Under no circumstances may the name of the accompanying person be changed once it has been notified to Volaris by e-mail.

- All winners must agree to and sign the following documents:

   1. "Rules of Promotion Implementation" issued by Volaris, which will be provided to the winners in due course, by which they shall irrevocably agree to the Terms and Conditions; Use and Restrictions applicable to the Promotion Benefit confirming that they meet all the requirements of these Terms and Conditions and release Volaris from any liability.

- If the person fails to accept and sign the above documents, he/she may not receive the Promotion Benefit, and Volaris may select another winner from the ranking.

- The execution and acceptance of the documents cited above is the winners' sole responsibility.

- Also, the winner and the person accompanying him shall provide Volaris with a current valid official ID, as well as the tax return form or document required by the jurisdiction of his place of residence.

 

V. Promotion Benefits

 

- The 3 (three) winners shall be entitled to have their name displayed on the fuselage of an aircraft operated by Volaris.

 

- The 3 (three) winners shall be entitled to travel to any of the routes operated by Volaris at the time of the trip, paying only the taxes, duties or charges that may be applicable, with the accompanying person of their choice and whose name was notified to Volaris, over the following 365 (three hundred and sixty five) days counted as of May 13th, 2016. For the routes operated by Volaris please visit www.volaris.com

 

In order to make the Promotion Benefit effective, the winners and their accompanying persons shall have to declare and pay all the applicable taxes, fees or charges, and any other payment applicable from time to time.

 

VI. General Conditions

 

- Volaris does not endorse or support any material, opinion, recommendation or notice communicated through the Photo and Volaris is expressly released from any and all liability in connection therewith. Volaris reserves the right to remove any advertisement without notice and without liability for Volaris.

- Any individual and/or his/her relatives within the fourth degree of consanguinity with a working relationship with Volaris, its affiliates and/or any company member of the group or that may be incorporated in the future may not participate in the Promotion, nor may they be designated as accompanying persons.

- The winner's name that will be printed on the fuselage of an airplane operated by Volaris, shall be the one appearing on the winner's birth certificate, and in the event she has two first names, she shall be allowed to choose one of them.

- Volaris reserves the right to determine the time and the aircraft in which the winner's name will appear.

- The Promotion applies only for the duration and with the mechanics described.

- The Promotion Benefit may not be transferred, negotiated, exchanged, claimed by third parties, nor cashed.

- The Promotion does not apply for payment of other services provided by Volaris. The Promotion applies only to air transportation.

- The passenger air transport service provided by Volaris is subject to the Policies, Terms and Conditions published on the www.volaris.com website.

- Entries that are incomplete or contain false information shall be automatically void and not entitled to claim the Promotion Benefit.

- The use of any software, script or other process (such as "robots" or "bots") which automates, attempts to automate, or replaces in any way human action is strictly prohibited. In this case, those who breach this rule shall be disqualified without liability to Volaris, waiving their right to exercise any legal or ordinary action against Volaris or its affiliates. In the event that Volaris believes that the Participant is in breach of this condition, all points and progress shall be declared null and the Participant will be automatically disqualified. Volaris reserves the right to take legal action as the breach of the provisions hereunder can be considered a federal crime.

- If Volaris suspects an abnormality within the dynamic specified herein, Volaris reserves the right to "disqualify" the person responsible, and the prize shall be awarded to the next user in the final score ranking.

- Volaris reserves the right to justifiably disqualify any user who defrauds, alters or impairs the proper functioning and the normal and regulatory operation of this Promotion. Volaris wants all users to participate on equal terms and in strict compliance with good faith rules. Therefore, any abusive or fraudulent use of the Terms and Conditions shall lead to the disqualification of the Promotion user.

- The webpage content is the property of Volaris so that the person responsible for any improper use of the images or information shall be subject to the sanctions provided in the Law.

- Volaris shall have no liability for entries that were lost, delayed, misdirected, incomplete or that were not entered in the Promotion's application due to technical or other failures. For purposes of contacting a winner, Volaris will not be liable for errors contained in the information provided by such winner at the time of registration.

- Volaris reserves the right to disqualify any person who threatens the integrity and proper development of the Promotion, as in the case of "hackers" (term used to refer to people with great computer and telecommunications knowledge which is then used for personal for-profit purposes, which may or may not be malignant or illegal) or "promotion hunters" (defined as any participant acting alone or with the aid of economic, material or information resources, and acting unfairly versus the other participants for obtaining the promotion prize regardless of whether the mechanisms used are unethical, immoral or even illegal, such as creating fake profiles on social networks to participate more than once in the same promotion).

- Any attempted or actual execution of software programs or systems seeking to attack or undermine the Promotion may be pursued by means of the appropriate legal action that Volaris, in its discretion, may deem sufficient, and shall lead to the immediate disqualification of the Participant who incurred in such conduct.

- In case of disqualification of a Participant for any of these reasons, Volaris reserves the right to reassign the prize by making a new selection of participants, or to dispose thereof as it sees fit.

- Volaris decision shall be final and conclusive, and no tie shall be possible. Volaris may change the mechanics of participation at any time.

- None of the Social Networks referred to in this Promotion sponsors, endorses, approves or manages in any way this dynamic nor do they have any connection thereto. The information provided shall be administered only by Volaris and not by such Social Networks.

- Neither Volaris nor Facebook, Twitter or Instagram are liable to Participants, thus Participants hereby release Volaris and its providers from any claim that may arise as a result of: 

- Technical failures of any kind (computers, cables, wireless network, hardware or software).

- The unavailability or inaccessibility of any Internet service.

- Volaris reserves the right to amend all or part of the Terms and Conditions of this Promotion, and Volaris shall publicize any new terms and conditions before they become effective.

- Volaris reserves the right to disqualify and/or exclude from the Promotion any individual who, directly or indirectly, alters, breaches or violates the rules provided in these Terms and Conditions.

 

VII. Applicable Law and Jurisdiction

 

This Promotion, and any question regarding the validity, interpretation, and enforcement of the rights and obligations of the Participants and Volaris shall be governed by and construed in accordance with the laws of the State of New York, USA, as well as any other federal and/or local law or regulation that might become applicable.

 

Any legal action or proceeding that may be based on or arise from the execution or implementation of this Promotion shall be subject to the laws and courts of the State of New York, USA.

 

 

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