Volvo Winter Driving Experience Sweepstakes OFFICIAL RULES

Transcription

1 Volvo Winter Driving Experience Sweepstakes OFFICIAL RULES OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AGE EIGHTEEN (18) OR OLDER AND OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE. NO PURCHASE IS NECESSARY. VOID WHERE PROHIBITED. U.S. LAWS GOVERN THIS SWEEPSTAKES. 1. ELIGIBILITY: The Volvo Winter Driving Experience Sweepstakes (the Sweepstakes ), sponsored by Volvo Car, USA, LLC ( Sponsor ) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and are 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Employees and former employees of Sponsor or any of Sponsor s parent companies, subsidiaries, affiliates or advertising or promotion agencies, and members of the immediate family (parents, siblings and children) or household (whether related or not) of any such employee or former employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law. 2. HOW TO ENTER: The entry period for the Sweepstakes begins at 9:00 a.m. Eastern Time (ET) on March 20, 2017 and continues through 11:59 p.m. ET on December 31, 2017 (the Entry Period ). No purchase is necessary. There are two ways to enter the Sweepstakes. The method of entry used by the entrant will not affect his or her odds of winning. Test- Drive Entry: During the Entry Period, Sponsor will host a series of test- drive events in multiple markets throughout the United States, where guests will be able to test- drive vehicles on- site (each, a Test- Drive Event ). Each guest who participates in an official test- drive at a Test- Drive Event will be required to complete a waiver and such other documentation as Sponsor may require prior to participation, and may enter the Sweepstakes by acknowledging acceptance of these Official Rules in connection with completion of such waiver and/or other documentation. Each entrant will be required to submit his or her first and last name, address, telephone number, e- mail address and such other information as Sponsor may require. Mail Entry: To enter the Sweepstakes by mail, legibly print by hand the entrant s name, address, telephone number, e- mail address and date of birth and the phrase Volvo Winter Driving Experience Sweepstakes mailed entry on a 3 x 5 card, and mail the 3 x 5 card in an envelope with proper first- class postage affixed to the address indicated in Section 10. All entries submitted by mail must be postmarked prior to the conclusion of the Entry Period and received by Sponsor by 5:00 p.m. ET on January 6, There is a limit of one 3 x 5 card per mailing envelope. General Entry Terms and Conditions: Proof of submission does not constitute proof of entry. There is a limit of one entry per person, regardless of the method of entry used. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Entry times will be determined by Sponsor using

2 Sponsor s computer, which will be the official clock for the Sweepstakes. All entries are subject to verification at any time. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government- issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. 3. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, two potential prize winners will be selected in a random drawing conducted by Sponsor or its agent from among all eligible entries received during the Entry Period. The odds of being selected as a potential prize winner will depend on the number of eligible entries received. Each potential winner will be notified by e- mail (sent to the e- mail address provided by the entrant when entering) or telephone (using the telephone number provided by the entrant when entering), in Sponsor s discretion, and the potential winner must respond to Sponsor s initial notification attempt within 72 hours. The potential winner is subject to verification of eligibility and may, in Sponsor s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, Winner Verification Documents ), within three days of attempted delivery of same. The potential winner may also in Sponsor s discretion be required to complete and return to Sponsor an IRS Form W- 9 within three days of attempted delivery of same. Verification of the potential winner s eligibility may also include, without limitation, a background investigation. Each entrant consents to the conduct of a background investigation (which may include a review of criminal records) on the entrant and agrees to supply any authorizations or permissions deemed necessary by Sponsor in connection with any such investigation. By entering, each entrant represents that he or she will provide accurate and truthful information to Sponsor in connection with eligibility verification if the entrant is selected as a potential winner. The potential winner may also, in Sponsor s discretion, be required to have the guest who will accompany the potential winner on the trip that constitutes the prize (as described in Section 4) complete, sign and return to Sponsor a Release of Liability and, if legally permissible, a Publicity Release ( Guest Release ), within three days of attempted delivery of same. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign and return (or cause the entrant s guest, as applicable, to complete, sign and return) any required Winner Verification Documents, Guest Release or IRS Form W- 9 within three days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then Sponsor will have the right, in Sponsor s sole discretion, to disqualify the potential winner, in which case an alternate winner may, in Sponsor s sole discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly- selected entrant). If Sponsor conducts a background investigation on the potential winner and determines in Sponsor s sole 2

3 discretion that awarding a prize to the potential winner, publicizing any facts or details about the potential winner or an association of the potential winner with Sponsor or the Sweepstakes might reflect negatively on the Sponsor and/or its products or services or the Sweepstakes, then Sponsor will have the right, in Sponsor s sole discretion, to disqualify the potential winner, in which case an alternate winner may, in Sponsor s sole discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly- selected entrant). 4. PRIZE: Two prizes will be offered. Each prize consists of a seven- day, six- night trip for the winner and one guest to Sweden to attend the Volvo Winter Driving Experience, and consists of the following: (a) two tickets for the winner and one guest to the Volvo Winter Driving Experience, which is anticipated to occur in Gothenburg, Sweden in March 2018 (subject to change; exact date to be determined by Sponsor) (the Experience ), (b) round- trip coach class airfare for the winner and guest between a major airport near the winner s home and an airport near Gothenburg, Sweden selected by Sponsor; (c) a six- consecutive night stay for the winner and guest at a hotel selected by Sponsor (one double occupancy room will be provided; room rate and taxes only; size and type of room determined by Sponsor); (d) ground transfers between the airport and hotel and between the hotel and the Experience (as defined below); and (e) $1,900 awarded in the form of a check or another payment method determined by Sponsor. The approximate retail value ( ARV ) of each prize is $12,500.The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. The aggregate ARV of all prizes is $25,000. Travel and accommodation restrictions (including blackout dates) and other additional restrictions may apply. If the winner is not available for the trip on the dates specified by Sponsor, the prize will be forfeited and an alternate winner selected. Travel arrangements must be made through Sponsor s agent and on an airline carrier of Sponsor s choice. The winner and guest must travel together on the same itinerary and are responsible for obtaining all required international travel documents (e.g., a U.S. passport) and travel insurance (and all other forms of insurance) at their option. Sponsor has not obtained and will not obtain or provide travel insurance or any other form of insurance for the winner or guest. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by the airline carrier as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Sponsor will not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies will constitute the sole contracts with respect to the winner s and guest transportation and such contracts shall be solely between the winner, the guest s and such transportation companies. In order to participate in the Experience, 3

4 the winner must have a valid U.S. driver s license and a valid U.S. passport, must be of legal driving age in Sweden, and must satisfy all other legal requirements and standard terms and conditions of participation in the Experience. Tickets to the Experience may not be resold, offered for resale, refunded or exchanged for cash value or substitute tickets. The specific date, time and location of the Experience shall be at the sole discretion of the promoter and may be subject to change. If the winner is not available to attend the Experience on the scheduled dates and times, does not have a valid U.S. driver s license or is unwilling, for any reason, to receive the prize as described in and in accordance with these Official Rules, Sponsor will have the right in its discretion to deem the prize forfeited and to select an alternate winner. The winner s guest must be 18 years of age or older and of the legal age of majority in the jurisdiction in which the guest resides, unless the winner is the parent or legal guardian of the guest. In order to participate in the Experience, the winner s guest must have a valid U.S. driver s license and a valid U.S. passport, must be of legal driving age in Sweden, and must satisfy all other legal requirements and standard terms and conditions of participation in the Experience. Sponsor is not responsible for any cancellation or postponement of any prize- related activity. In the event of cancellation or postponement of any prize- related activity, Sponsor s only obligation will be to provide a substitute prize or prizes of equal or greater value selected by Sponsor in its discretion. In the event the winner and/or any guest engages in behavior during any prize- related activity (including without limitation while at the Experience or during travel) that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner or any guest to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor, or that otherwise violates these Official Rules, Sponsor will have the right to remove the winner and/or guest from the Experience or other applicable prize- related activity, deny the winner and/or guest attendance to the Experience or any other prize- related activities and/or disqualify the winner from the Sweepstakes and require the winner to forfeit any and/or all prize components, with no further obligation or compensation whatsoever to the winner and/or guest and no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. All prize details that are not expressly specified in these Official Rules (including the specific trip dates and itinerary) will be determined by Sponsor in its sole discretion. Restrictions may apply. The prize will be awarded if properly claimed. All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. No substitution, cash redemption or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor, which reserves the right to substitute for the prize (or a component thereof) an alternate prize or prize component of equal or greater value. The prize consists only of those items expressly specified in these Official Rules as being part of the prize. In no event will more than the stated number of prizes be awarded. All expenses and costs associated 4

5 with the acceptance or use of the prize are the responsibility of the winner. Use of gift cards is subject to issuer s terms and conditions. 5. GRANT OF RIGHTS: By entering the Sweepstakes, each entrant grants permission to Sponsor and each of its parent companies, affiliates, subsidiaries and successors, each participating Volvo dealer and the agents and licensees of each of the foregoing (all of the foregoing, the Licensees ) to use the entrant s name, biographical information, likeness, voice and statements (collectively, Personality Rights ) for purposes of advertising, trade and other commercial purposes and for any other purpose, worldwide, in all media and formats whether now or later known or developed, without further notice or compensation, unless prohibited by law. 6. RELEASE; LIMITATION OF LIABILITY AND ASSUMPTION OF RISK: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the Released Parties ) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, participation in any Test- Drive Event, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, participation in any Test- Drive Event or the Experience or the provision, acceptance or use of any prize or any component of any prize. Without limitation of the foregoing, each entrant (i) acknowledges that participation in the Experience involves the operation of one or more vehicles in winter driving conditions and is inherently dangerous, and may carry with it the potential for death, serious physical injury, mental or physical illness and/or property loss and/or damage, that accidents may occur in connection with participation in the Experience, and that no safety precautions can eliminate the risks associated with participation in the Experience; (ii) agrees that participation in the Experience is at the entrant s own risk; (iii) voluntarily assumes all risks associated with participation in the Experience, whether foreseen or unforeseen, and whether or not arising out of or in connection with any negligent act or omission or 5

6 willful misconduct of any of the Released Parties or any other party, including the risk of death, injury, illness or property loss or damage of any kind; and (iv) individually and on behalf of each of the entrant s heirs, successors, assigns and representatives, irrevocably: (a) releases and discharges each of the Released Parties from any and all claims, demands, lawsuits, proceedings, damages, liabilities, costs and expenses (whether direct or consequential and whether arising under statute, from negligence, death, injury, illness, property loss or damage or otherwise), known or unknown, arising from or in connection with participation in the Experience, notwithstanding that it may have been caused by the negligent acts or omissions or willful misconduct of any of the Released Parties, and (b) waives and agrees that neither the entrant nor any of the entrant s heirs, successors, assigns or representatives will assert any claim or demand against any of the Released Parties relating to or in connection with participation in the Experience. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock- out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules. 7. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on Sponsor s website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor s discretion, Sponsor determines or believes (i) has tampered with the 6

7 entry process or has undermined the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government- issued photo identification) that he or she is the authorized account holder of the address associated with the entry in question. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. 8. DISPUTES: By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component (including, without limitation, the Experience) will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out- of- pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out- of- pocket expenses, and (d) each entrant s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the 7

8 application of the laws of any jurisdiction other than the State of New Jersey. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal courts located in the state of New Jersey or the state courts located in Bergen County in the State of New Jersey, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to the Sweepstakes or these Official Rules. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail. 9. USE OF INFORMATION: Sponsor and/or its agents or contractors will collect personal information regarding Sweepstakes entrants, which will be subject to Sponsor s Privacy Policy, available at By entering the Sweepstakes, each entrant agrees that information submitted in connection therewith may be used in connection with the administration of the Sweepstakes and to contact the entrant with information regarding Sponsor s products and services, and otherwise as permitted pursuant to Sponsor s Privacy Policy. 10. WINNER S NAME AND RULES REQUESTS: For the names of the winners, available after February 1, 2018, or a copy of these Official Rules, send a self- addressed, stamped envelope to Volvo Winter Driving Experience Sweepstakes, c/o Grey Global, Att n: Jessica Katz, th Ave, New York, NY SPONSOR: Volvo Car, USA, LLC Rockleigh, New Jersey Volvo Car, USA, LLC. All rights reserved. 8

9 9