MDX Experience Sweepstakes Official Rules
Northern California Acura Dealer MDX Experience
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
Odds of winning depend on number of eligible entries received. Subject to full Official Rules. Void where prohibited or restricted by law.
SPONSOR: The Northern California Acura Dealers MDX Experience (the “Sweepstakes”) is sponsored and administered by Northern California Acura Dealers Association, 15 Lombard Street, San Francisco, CA USA 94111 (“Sponsor”). Any questions, comments, or complaints must be directed to the Sponsor and not to Acura dealerships.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at or about 10:00 AM Pacific Time (“PT”) on May 19th, 2017, and ends at 11:59:59 PM PT on June 18th, 2017 (“Entry Period”). The Administrator’s computer is the Sweepstakes official clock.
2. ELIGIBILITY: This Sweepstakes is offered only to legal U.S. residents of California who are at least eighteen (18) years old at the time of entry. Employees, directors, officers, and agents of Sponsor, Administrator, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Sweepstakes (“Sweepstakes Entities”), as well as the members of each of their immediate families and persons residing in the same household as such individuals are not eligible to enter or win. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, there is one
(1) way to enter:
a. Entry: An eligible entrant may visit AcuraNorCalDealers.com (the “Website”) and register for the Sweepstakes by entering the information requested on the registration form, which may include, without limitation, his/her first and last name (initials are not permitted), valid e-mail address, date of birth, telephone number and affirmation that he/she has read and agrees to be bound by these Official Rules. Upon completion and submission of the registration form, the entrant will receive one (1) entry into the Sweepstakes (“Entry”).
4. Entry Limit: There is a limit of one (1) Entry per person/e-mail address/household during the entire Sweepstakes Period. If more than one (1) Entry is received from the same person, telephone number, e-mail address, and/or household, only the first Entry received may be considered valid. Entries received beyond the applicable deadline will be void.
5. WINNER SELECTION: The winning Entry will be selected randomly by Sponsor on the day following the close of given Entry Period from all valid Entries received on or before the close of that Entry Period. The selection is final. The potential winners will be notified by email after the prize drawing based on the information provided on the entry form. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential winner’s failure to respond to notification within seven business days after its transmission; (2) the return of an email notification as undeliverable after three attempts; (3) the return of the prize as undeliverable; (4) potential winner’s failure to provide Sponsor with satisfactory proof of age, identity, and residency; or (5) potential winner’s failure to execute and return a certificate of eligibility, publicity release, and liability release. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Sweepstakes, including without limitation the execution of the required certificates and releases, such individual will be declared the “Winner” of the Sweepstakes.
6. The Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.
7. Verification of Potential Winner. POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Sponsor, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the Sweepstakes Prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. PRIZE, APPROXIMATE RETAIL VALUE: The Winner will receive the following Grand Prize of one (1) 2-year lease of a 2017 Acura MDX 9 Speed Automatic (YD3H3HJNW) with a MSRP of $45,025.00 (includes destination, excludes tax, license, title fee, registration, documentation fee, options, insurance and the like), ARV $17,000. Maximum one (1) grand prizes will be awarded. All expenses and fees associated with the grand prize not expressly included in the foregoing prize description are the sole responsibility of the winner. Winner responsible for providing appropriate vehicle insurance through the duration of the lease. Credit check required for prepaid lease. Winner responsible for any excess wear and tear, damage and over-mileage at the rate of $.20 per mile over 10,000 miles per year. Total grand prize package is valued at $17,000.
9. Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor, CBS Radio, Latitude 38 Entertainment LLC, Bottlerock Marketing Group LLC, and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and each 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 Entry, creation of an Entry or submission of an Entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of Entry; 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 entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use, non-use or misuse of the prize. By participating in the Sweepstakes, where allowed by law, participants agree that the Sponsor may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes.
10. Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
11. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
12. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes 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 Sweepstakes 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.
13. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Sweepstakes, provided that if it is not possible to award another Entry due to discontinuance or completion of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.
14. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
15. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Sponsor’s operating area; (iii) 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; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state in which the Sponsor is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Sponsor is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Sponsor is located.
17. Sweepstakes Results. A winners list may be obtained within thirty (30) days after the Sweepstakes Period expires by sending a self-addressed stamped envelope to the Sponsor identified above.
CBS Radio is not a Sponsor of the Sweepstakes and is not associated with the administration of the Sweepstakes in any way.