MotorWeek Ultimate Automotive Experience Sweepstakes OFFICIAL RULES

Transcription

1 MotorWeek Ultimate Automotive Experience Sweepstakes OFFICIAL RULES To enter this Sweepstakes, you must agree to and abide by these Official Rules. NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. You must have Internet access and an active account to participate. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. 1. Sponsor: MPT Foundation, Inc., Owings Mills Blvd, Owings Mills, MD Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2 nd Floor, New York, NY Eligibility: The MotorWeek Ultimate Automotive Experience Sweepstakes ("Sweepstakes") is open only to legal residents of the 48 contiguous United States and the District of Columbia who are at least 21 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) who have a valid driver s license. Employees, officers, directors, trustees and agents of Sponsor, Administrator, or any of their respective related, parent, affiliated or subsidiary companies or who have within six (6) months prior to the start date of the Sweepstakes performed services for any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, supplying the prize (or any component of the prize), or involved in the production, distribution, development of sponsorship of MotorWeek and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, stepparents, children, step-children, siblings, step-siblings, grandchildren, stepgrandchildren, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three consecutive months a year, whether related or not. Potential winner may be required to provide proof of eligibility upon request prior to prize award. Void in Alaska, Hawaii, Puerto Rico and where prohibited or restricted by law. 4. Sweepstakes Entry: The Sweepstakes begins on or about 12:00:00 a.m. (midnight) ET on September 18, 2012 and ends 11:59:59 p.m. ET on October 29, 2012 ( Promotion Period ). To enter, navigate the Internet to ( Website ) or ( Facebook ). Complete the online entry form with your legal name, address, address of your legal residence, phone number and choose the local public television station on which you watch MOTORWEEK.

2 You may be asked to consent to receive promotional s and reminder s from MotorWeek public television stations and/or Sponsor. Consenting to receive promotional or reminder s is optional and does not have to be agreed upon in order to be eligible to participate in the Sweepstakes and does not improve your chances of winning. You understand you are providing your information to Sponsor, not Facebook. Limit one (1) online entry per eligible person during the Promotion Period, regardless of the number of addresses or accounts a person may have. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person except for the first valid entry submitted on a given day. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties (e.g., sweepstakes services), are prohibited. Incomplete entries will be disqualified. Proof of entering information at the Sweepstakes website or entry form is not considered proof of delivery to or receipt by Sponsor of such entry. 5. Random Drawing: One potential Grand Prize Winner will be selected in a random drawing on or about October 30, To be eligible for the Grand Prize drawing, the entry must be received and recorded by the Administrator s computer during the Promotion Period. The Grand Prize drawing will be conducted by LeadDog Marketing Group, an independent judging organization/administrator whose decisions (in conjunction with Sponsor) are final and binding on all matters related to the Sweepstakes. 6. Winner Notification: The individual initially selected as the potential Grand Prize Winner will be notified on or about October 30, 2012 by or telephone (or such other method as determined by Administrator based on contact information provided in entering the Sweepstakes). If Administrator notifies the potential Grand Prize Winner via , failure to respond to the initial verification within three (3) business days after transmission to the potential Grand Prize Winner or return of the notification as undeliverable after two (2) attempts will result in disqualification and award of the prize to an alternate Grand Prize Winner. If Administrator notifies the potential Grand Prize Winner via telephone, failure to respond within three (3) business days will result in disqualification and award of the prize to an alternate Grand Prize Winner. The potential Grand Prize Winner will be required to complete, sign and return within three (3) business days of transmission, an Affidavit of Eligibility, a Liability Release and Indemnification, and a Publicity Release, where allowed by law. The travel companion of the Grand Prize Winner must be 21 years of age or older and will be required to execute a Liability Release and Indemnification, and a Publicity Release, where allowed by law, prior to ticketing of the Grand Prize. If Affidavit of Eligibility, Liability Release and Indemnification and Publicity Release documents are not returned to Administrator within the specified time period, or if the potential Grand Prize Winner is found to be ineligible or otherwise not in compliance with these Official Rules, or declines the Grand Prize for any reason prior to award, the Grand Prize may be forfeited and the potential

3 Grand Prize Winner may be disqualified. If the potential Grand Prize Winner is disqualified for any reason, the Grand Prize will be awarded to an alternate winner selected from all remaining eligible entries received during the Promotion Period (time permitting). In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting account. "Authorized account holder" is defined as the natural person who is assigned to an address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. Sponsor and its agents are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor s and/or Administrator s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor/Administrator reserve the right, in their sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor/Administrator reserve the right to conduct the Sweepstakes and award the Grand Prize by means of a random drawing comprised of all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor/Administrator or otherwise award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor/Administrator in their sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Sweepstakes. Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. 7. Grand Prize, Travel Terms, Approximate Retail Values ("ARV") and Odds:

4 Grand Prize (1 winner): One (1) winner will be awarded the following Grand Prize: (a) a trip for two (2) adults (21 years of age or older) to Las Vegas, NV from December 4, 2012 to December 6, 2012; (b) round-trip economy class air travel for two (2) adults to Las Vegas, NV from a major commercial airport near winner s legal U.S. residence; (c) hotel accommodations for two (2) consecutive nights on December 4 and December 5, 2012 (single standard room, double occupancy) at ARIA Resort & Casino at CityCenter, Las Vegas. (d) opportunity for winner and guest to drive four (4) high performance supercars (that is, high performance sports cars), from provided list of vehicles, on an open road tour through Red Rock Canyon from World Class Driving; (e) dinner for two at Dal Toro Ristorante Italiano and Exotic Cars; (f) two (2) tickets to view the classic cars of The Auto Collections in Las Vegas; (g) round-trip limosuine transportation for two between ARIA Resort & Casino and McCarran International Airport, courtesy of MGM Resorts International. Travel Terms Grand Prize Winner and his/her travel companion are responsible for getting themselves to/from the departure airport and are solely responsible for all other expenses not specified herein, including but not limited to additional meals, beverages, tips, taxes, hotel incidentals, excursions, fees, surcharges, service charges or passenger facility charges, departure and airport taxes, security fees, and any additional transfers and/or ground transportation. Grand Prize Winner and his/her travel companion must travel together on the same specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. All travel dates and arrangements are subject to change, availability and Sponsor s approval. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay or any acts or omissions whatsoever by air carriers, hotel or other transportation companies. The Grand Prize Winner and his/her travel companion are solely responsible for obtaining any necessary documentation and fulfilling any necessary travel requirements prior to travel, such as possession of a valid U.S. passport. In addition, the Grand Prize Winner may be required to present a valid credit card at the hotel at the time of check-in. GRAND PRIZE WINNER AND HIS/HER TRAVEL COMPANION ARE SOLELY RESPONSIBLE FOR OBTAINING ALL REQUIRED TRAVEL DOCUMENTS AND TRAVEL INSURANCE AND HEREBY ACKNOWLEDGE THAT SPONSOR WILL NOT

5 OBTAIN OR PROVIDE TRAVEL INSURANCE OR ANY OTHER FORM OF INSURANCE. Grand Prize Winner and his/her travel companion will also be required to sign additional consents/waivers in conjunction with World Class Driving s Red Rock Canyon supercar tour element of prize, wherein Grand Prize Winner and travel companion expressly assume the risk of personal injury, dismemberment, disfigurement or even death or property damage in conjunction with this prize element. Drivers must be between years of age. Drivers over 75 may be able to participate subject to certain insurance company approvals. Drivers must hold a valid U.S. driving license and must be able to drive the cars without the aid of special equipment. World Class Driving s Red Rock Canyon supercar tour element of prize is also subject to additional restrictions and qualifications. If Grand Prize Winner does not qualify to participate in World Class Driving s Red Rock Canyon supercar tour element of prize or declines same, the remaining elements of prize shall represent Sponsor s entire liability to Grand Prize Winner. All travel arrangements are to be administered by Sponsor or its designee. All travel must be taken on December 4-6, Travel is subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change. If the Grand Prize Winner is unable to travel on the specific dates as indicated herein, the Grand Prize will be forfeited and an alternate winner selected from among all remaining eligible entries received, time permitting. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. The Released Parties as specified in Paragraph 8 below are not responsible for any changes of any element of Grand Prize travel nor are they liable for any expenses incurred as a consequence of flight cancellation or flight delays. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. No stopovers are permitted on tickets issued as part of the Grand Prize; if a stopover occurs, the airplane travel portion of the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segments, including the return. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. An unclaimed and/or unused Grand Prize travel package (or any element thereof) will remain the property of Sponsor or its designee. Grand Prize Winner and travel companion will not receive any frequent flier miles, awards points or other perquisites in conjunction with Grand Prize travel. The Grand Prize is non-transferable, assignable, is not for resale and has no cash value. No prize substitution or cash redemption is allowed by the Grand Prize Winner. Sponsor reserves the right to substitute a prize of comparable value if any portion of Grand Prize becomes unavailable for any reason. The Grand Prize may not

6 be sold, bartered or exchanged by the Grand Prize Winner. The Grand Prize is provided "as is" and without any warranty of any kind. By accepting prize, the Grand Prize Winner acknowledges compliance with these Official Rules. If the Grand Prize Winner does not have a travel companion accompany him/her on the trip, the Grand Prize will otherwise be awarded in increments appropriate for one (1) traveler (i.e., the Grand Prize Winner); and, in such event, no substitute prize or additional compensation will be awarded to the Grand Prize Winner. If winner lives within 200 miles of Las Vegas (as determined by Sponsor/Administrator in their sole discretion), ground transportation will be substituted for air travel and winner will not receive any substitute prize or additional compensation of any kind. The Grand Prize Winner and his/her travel companion must follow all instructions of Sponsor and any prize providers during their trip and should the Grand Prize Winner and/or his/her guest fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor in its sole discretion), Sponsor reserves the right to end trip early, in whole or in part, and send Grand Prize Winner and/or his/her guest home and/or take other actions as Sponsor deems appropriate in its sole discretion, without liability or further obligation to Grand Prize Winner. Accommodations and travel are for up to two adult persons sharing one accommodation. Trip cannot be extended beyond the valid date. Total ARV (Approximate Retail Value) of the Grand Prize: up to $4, Actual final value of trip may be higher or lower based on point of departure; ticket and hotel availability and cost at time of booking; and, under no circumstances will the Grand Prize Winner receive the difference between ARV and actual final value of prize trip in cash. Any costs and incidentals not specified herein are the Grand Prize Winner s sole responsibility. If the potential Grand Prize Winner cannot accept the Grand Prize as stated, that Grand Prize may be forfeited in its entirety and awarded to an alternate winner (time permitting). ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE GRAND PRIZE WINNER, WHO WILL RECEIVE A 1099 TAX FORM REFLECTING ACTUAL VALUE OF ANY PRIZE(S) VALUED AT $600 OR MORE. Odds of winning the Grand Prize depends on total number of eligible entries received during the Promotion Period. 8. Conditions and Limitations of Liability: By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects. By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor, Administrator, Facebook, Inc., each of their respective advertising and promotion agencies and prize suppliers, any entity responsible for the administration of this promotion, each of the foregoing entities respective parent, subsidiary, affiliated and successor companies, and each of their respective officers,

7 directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity (including without limitation, any travel related to acceptance and use of any prize), and/or from entrants acceptance, receipt, use or misuse of prize or any component thereof. By accepting the Grand Prize, the Grand Prize Winner grants Sponsor and its designees permission to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winner's list (if applicable) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. All federal, state and local laws and regulations apply. All submissions become the property of Sponsor and will not be acknowledged. SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE GRAND PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FORCE MAJEURE: THE FAILURE OF SPONSOR OR ADMINISTRATOR TO COMPLY WITH ANY PROVISION OF THESE OFFICIAL RULES DUE TO AN ACT OF GOD, HURRICANE, WAR, FIRE, RIOT, EARTHQUAKE, TERRORISM, ACT OF PUBLIC ENEMIES, ACTIONS OF GOVERNMENT AUTHORITIES OUTSIDE OF THE CONTROL OF EITHER SPONSOR OR ADMINISTRATOR (EXCEPTING COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS) OR OTHER FORCE MAJEURE EVENT WILL NOT BE CONSIDERED A BREACH OF THESE OFFICIAL RULES. 9. Disputes/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of the prize, or the determination of the Grand Prize Winner, shall be resolved individually, without resort to any form of class action; (b) 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; (c) 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; and (d) each entrant s remedies are limited to a claim for money damages (if any) and each entrant irrevocably waives any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or

8 Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without regard for conflicts of law doctrine of Maryland or any other jurisdiction, and all proceedings shall take place in the County of Baltimore. All entrants hereby consent to the jurisdiction of such courts and waive any defense of inconvenient forum. 10. Winner s List: For the name of the Grand Prize Winner, mail a self- addressed, stamped envelope to: MotorWeek Ultimate Automotive Experience Sweepstakes Winner, c/o LeadDog Marketing Group, 159 W. 25th Street, 2 nd Floor, New York, NY All such requests must be received December 3, 2012.