$5,000 Test Drive Giveaway Official Rules
1. Sponsor: Sport Mazda, 9786 S. Orange Blossom Trail, Orlando FL 32837 and Sport Subaru South, 9951 S. Orange Blossom Trail, Orlando FL 32837 (the “Sponsors”).
2. Eligibility: $5,000 VIP Test Drive Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty one (21) years old, have a valid driver’s license, and valid auto insurance at the time of entry. No purchase necessary. Employees, independent contractors, officers and directors of the Sponsors, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors, and the immediate family members (spouse, parents, siblings and children) and persons living in the same household of such persons are not eligible. Participants are not eligible to enter future test drive giveaways until twenty four (24) months after the end date of the original Promotion Period they entered. Subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to the Giveaway. Winning the prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: Eligible entrant must visit Sport Mazda or Sport Subaru South and test drive a new or used vehicle during the Promotion Period. Upon completion of the test drive, the entrant will receive one (1) entry form to submit for the Giveaway drawing. Limit: Each participant may enter one (1) time at Sport Mazda or Sport Subaru South during any promotion period. Only one (1) entry per household permitted within each promotion period. Multiple entrants are not permitted to share the same address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities, registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Sponsor is not responsible for late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries. Incomplete or illegible entries are not eligible. The potential winner will be required to show proof of identification and legal address. Purchasing does not increase chances of winning.
4. Timing: The Giveaway will begin on the first (1st) day of the given month at 12:00 a.m. Eastern Standard Time (“EST”) and end on the last day of the same month at 11:59 p.m. EST (the “Promotion Period”). The Sponsors will recognize the official time as defined by the U.S. Naval Observatory Master Clock as retrieved by the Sponsors’ computer.
5. Grand Prize: The day after the end of the Promotion Period, the Sponsors will hold a drawing and fifty (50) finalists will be drawn from the entries received during the Promotion Period. Finalists will be notified within 24 hours using the contact information provided by the entrant on the entry form. A live final drawing will be performed on the first (1st) Saturday following the end of the Promotion Period. The Sponsors will randomly select the potential Giveaway winner from the fifty (50) finalists’ entries received during the Promotion Period. Participants are not required to be present at the time of drawing to be the potential winner. The potential winner will be notified by mail, email or phone based on the contact information provided by the participant. Within ten (10) days of the date that the notice or attempted notice is sent, the potential winner will be required to sign and return to the Sponsors an Affidavit of Eligibility, Liability & Public Release (“Affidavit”) in order to claim any applicable prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit within the required time period, he/she forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules; winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, the Sponsors will award the prize to an alternate potential winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the prize will remain un-awarded.
6. Prize: There will be one (1) GRAND PRIZE per Promotion Period. The GRAND PRIZE is a check for $5,000 to the Giveaway winner. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize are dependent on the number of eligible entries received during the Promotion Period. Purchasing will not increase chances of winning.
7. Release: By participating, entrants agree that the Sponsors, its shareholders, agents and representatives, administrator, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, prize suppliers, and legal advisors are not responsible or liable for, and shall be released and held harmless from: (a.) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (b.) any condition caused by events beyond the control of Sponsor that may cause the Giveaway to be disrupted or corrupted; (c.) any printing or typographical errors in any materials associated with the sweepstakes; (d.) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Giveaway, acceptance, possession, or use of any prize, including without limitation, personal injury, death, and damage to or loss of property, and claims based on publicity rights, defamation, or invasion of privacy arising out of participation in the Giveaway or any Giveaway related activity or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Giveaway constitutes winner’s consent to the Sponsors and its agents’ use of winner’s name, likeness, video, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further payment or consideration and winner agrees to appear in a television commercial to assist in promoting the Sponsors. Winner must make own arrangements at the winner’s expense to attend taping at the time to be determined by Sponsors.
9. General Conditions: The Sponsors reserve the right to cancel, suspend and/or modify the Giveaway, or any part of it at any time, if any fraud, technical failures or any other factor beyond the Sponsors’ reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by the Sponsors in its sole discretion. The Sponsors reserve the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway 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 Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. The Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsors reserve the right to discontinue the Promotion upon completion of any Promotion period without notice.
10. 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 Giveaway; (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 Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (5) late, lost or otherwise destroyed or corrupted, entrant’s sole remedy is any entry in the Giveaway, provided that if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, the Sponsors, in its sole 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. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Orange County, FL, provided however, claims for bodily injury, personal injury, or property damage arising out of the redemption of the Grand Prize must be submitted to the jurisdiction and venue of the federal and state courts of the State of Florida, and construed and enforced in accordance with the laws of the State of Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of the rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
12. Winner List: A list of winners and the official rules will be available at the Sponsors’ dealerships.