The CheapOair Earth Day Trivia Game (the “Game”) is open only to legal residents of the 50 United States and the District of Colombia who, at the time of participation, are at least eighteen (18) years old and the age of majority in their state of legal residence. Void where prohibited by law. The Game is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Participant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Game. Winning a Prize (defined below) is contingent upon selected Participant fulfilling all requirements set forth herein.

Sponsor: Fareportal Inc., 137 W.25^thStreet, New York, NY 10001

The Game will be available to be played in the CheapOair App from April 10, 2024 at 12:01 a.m. Eastern Time (“ET”) until April 30, 2024 at 11:59 p.m. ET (the “Game Period”). Sponsor is the official timekeeper for this Game.

In order to participate, Participants must have the CheapOair App downloaded to their device. If you do not already have the CheapOair App, it is free to download. During the Game Period, the Game will be displayed on the home screen of the CheapOair App. To participate, click the link and follow the prompts.

Each time a Participant plays the Game, they will be provided with five (5) multiple choice questions. The Participant will have 10 seconds to answer each question. If a Participant correctly answers at least 3 of the 5 questions, they will be deemed a winner and will receive a Prize (defined below).

Participants can play the Game up to a maximum of three (3) times per calendar day during the Game Period, with each Game play consisting of five (5) multiple choice questions.

Participants who win the Game will receive 200 ClubMiles Points (“Prize”). Participants can win a maximum of one (1) Prize per calendar day during the Game Period, regardless of the number of successful games they complete. Participants can win a maximum of 4,200 ClubMiles Points during the game period.

Winning Participants who are logged into their CheapOair account at the time of Game play will have the Prize credit to their account within 48 hours after the end of the Game Period. Winning Participants who are not logged into their CheapOair account at the time of Game play, or who do not have a CheapOair account, will be prompted to sign in or sign up after Game play is complete in order to claim their Prize. It is free to create a CheapOair account.

ClubMiles Points Terms and Conditions:The ClubMiles Points awarded as the Prize in this Game will appear in the participant’s account within 48 hours after winning that day’s game, and unused Points will expire after 24 months without a qualifying purchase on the Account. The ClubMiles Points can be used in connection with qualifying purchases made on the websites and/or mobile applications of CheapOair.com, OneTravel.com CheapOair.ca, and any other brands that offer ClubMiles membership (collectively, the “Sites”). Sponsor reserves the right to modify or cancel the ClubMiles Program at any time. ClubMiles Points are non-transferrable and may not be resold. Use of any ClubMiles Points is subject to the ClubMiles Terms and Conditionshttps://www.CheapOair.com/info/generaltermsandconditions/#REWARDS.

By participating in the Game, each Participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to the Game; (b) release and hold harmless Sponsor and its respective parent, subsidiary and affiliated companies, and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Game, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Participant’s participation in the Game, and/or acceptance or use or misuse of Prize (including any travel or activity related thereto); and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Participant’s participation in the Game and/or Participant’s acceptance, use or misuse of any Prize.

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Participant, or programming associated with or used in the Game; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Game play process or the Game; (d) technical or human error, which may occur in the administration of the Game; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Game or receipt or use or misuse of any Prize; or (f) notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an Participant’s failure to monitor its email account. If for any reason a Participant’s participation in the Game is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Participant’s sole remedy is another chance to play the Game. If, for any reason, the Game cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Game, or if the Game is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Game.

Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Game play process or the operation of the Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Game may be a violation of criminal and civil law 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

BY PARTICIPATING IN THE GAME, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GAME, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

FOR CALIFORNIA PARTICIPANTS: EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Except where prohibited by law, as a condition of participating in this Game, each Participant agrees as follows:

Binding Arbitration Agreement.Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Game, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. Participant specifically agrees that, except as otherwise provided herein, participation in the Game waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.

This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered in New Castle County, Delaware by a single neutral arbitrator and in accordance with the American Arbitration Association’s (“AAA”) then current Commercial Arbitration Rules’ expedited procedures for resolution Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.

Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.

Neither Participant nor Sponsor shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Game). The parties further waive all rights to have damages multiplied or increased.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with us.

Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Participant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.

Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.

One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Game, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Waiver of Jury Trial. BOTH PARTICIPANT AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Location of Arbitration. Participant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in New Castle County, Delaware, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.

These Official Rules and any disputes between us shall be governed by the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

In the event any provision of these Official Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force.

When registering for the Game, you expressly agree to receive promotional communications from Sponsor. Information collected from Participants is subject to the Sponsor’s Privacy Policy, which is available at https://www.CheapOair.com/info/privacy