2015 MAKE THE SWITCH GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR LOCATED OUTSIDE THE UNITED STATES AT THE TIME OF ENTRY.
- ELIGIBILITY: The 2015 Make the Switch Giveaway (“Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older and have a valid driver’s license at the time of entry. Employees, contractors, directors and officers of, Ford Motor Company, (“Sponsor”), Flash Point Communications, LLC and their respective parents, subsidiaries and affiliated companies, distributors and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Promotion (collectively “Promotion Parties”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. Void outside the U.S. and where prohibited by law. Subject to all applicable federal, state and local laws and regulations.
- PROMOTION OVERVIEW AND PROMOTION PERIOD: The Promotion consists of a sweepstakes with a grand prize drawing (“Grand Prize Drawing”) and bonus drawing (“Bonus Drawing”) (collectively, the “Sweepstakes”). The Promotion begins January 28, 2015 at or around 5:00:00 p.m. Eastern Standard Time (“EST”) and ends December 30, 2015 at or around 5:00:00 p.m. EST (“Promotion Period”). The Web Site server’s clock is the official clock for this Promotion. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and judges’ decisions, which are final and binding on all matters related to the Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Google, Pinterest and LinkedIn (“Social Platforms”). You understand that you are providing your information to Sponsor and not to Social Platforms. This Promotion is subject to the terms and conditions of above mentioned Social Platforms.
- HOW TO ENTER THE SWEEPSTAKES GRAND PRIZE DRAWING: There are three (3) ways to earn an entry (“Entry”) into the Sweepstakes Grand Prize Drawing:
- Standard Entry for Grand Prize Drawing: To enter, go to www.maketheswitchgiveaway.com (“Web Site”) or m.maketheswitchgiveaway.com (“Mobile Site”) during the Promotion Period from your computer or mobile device. (a) VIA COMPUTER: If you are entering from a computer, watch one of the four short videos posted on the Web site (each a “Sweepstakes Video”) and then complete and submit in full an official entry form at the Web Site to receive one (1) entry (“Standard Entry”) into the Sweepstakes Grand Prize Drawing. (b) VIA MOBILE DEVICE: To enter from a mobile device, answer three (3) trivia questions (“Trivia Questions”) for one of the four vehicles listed on the Mobile Site and then complete and submit in full an official Sweepstakes entry form via your mobile device at the Mobile Site to receive one (1) Standard Entry into the Sweepstakes Grand Prize Drawing. Quiz questions will not be judged. Your mobile carrier’s data rates may apply. If you register for the Make the Switch Test-Drive offer after being served with a Facebook ad for the Test-Drive, you may also elect to enter the Sweepstakes Grand Prize Drawing during the Test-Drive registration process to receive one (1) Standard Entry into the Sweepstakes Grand Prize Drawing. Each Entry must be filled out completely and accurately with first and last name, daytime telephone number (including area code), street address (no PO Boxes please) and email address. Computer entrants may watch additional Sweepstakes Videos to receive up to a total of four (4) Standard Entries into the Sweepstakes Grand Prize Drawing. Mobile entrants may answer additional sets of three Trivia per vehicle to receive up to a total of four (4) Standard Entries into the Sweepstakes Grand Prize Drawing. Limit four (4) Standard Entries per person/email address during the Promotion Period.
- Sharing Entry for Grand Prize Drawing: After submitting a Standard Entry, entrants can share the Promotion via a unique URL on their Facebook, Twitter, LinkedIn, Google+ and Pinterest accounts inviting their friends to enter the Sweepstakes. For every five (5) people who enter the Sweepstakes via the entrant’s unique URL, the entrant will receive one (1) sharing entry (“Sharing Entry”) into the Sweepstakes Grand Prize Drawing. Limit five (5) Sharing Entries per person/email address during the Promotion Period.
- Personal Page Entry for Grand Prize Drawing: Starting February 18, 2015 at or around 5:00:00 p.m. EST entrants will have the opportunity to create a personal page on the Web Site tracking the entrant’s Entries into the Sweepstakes after they have submitted a Standard Entry. Entrants who complete the steps to create a personal page will receive ten (10) personal page entries (“Personal Page Entries”) into the Sweepstakes Grand Prize Drawing. Limit ten (10) Personal Page Entries per person/email address during the Promotion Period.
Any form of entry other than that described herein is void. Online entrants must have a valid email address in order to enter. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) which is responsible for assigning email addresses or the domain name associated with the submitted email address. All online entries must be received and recorded during the Promotion Period to be eligible for the drawing.
- HOW TO ENTER THE SWEEPSTAKES BONUS PRIZE DRAWING: After submitting an Entry into the Sweepstakes Grand Prize Drawing, entrants will have the opportunity to log into their Facebook account, if not already logged in, and post a comment on the Web Site to earn one (1) entry (“Bonus Entry”) into a Bonus Drawing. Comment must include #fordsweepsentry to qualify, content of the comment will not be judged. Any form of entry other than that described herein is void. All Bonus Entries must be received and recorded during the Promotion Period to be eligible for the Bonus Drawings. Comments must be truthful and Sponsor reserves the right to verify information contained in the Comments. Comments must be the original work of the entrant. In addition, entrants agree that all entries (including any and all videos and other information therein) shall meet the following requirements and guidelines (any entry that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified and will not be considered an eligible entry):
- Entries must constitute an original work of entrant, and must be in keeping with the Sponsor’s image, as determined by the Sponsor in its sole discretion.
- Entries must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any third party.
- Entries must not be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, illegal, discriminatory or harassing, or display inappropriate activity, behavior or conduct or contain nudity.
- Entries must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- Entries must not be obscene or offensive, crude or vulgar, endorse any form of hate or hate group, gang signs or symbol.
- Entries must not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission.
- Entries must not contain any personal identification, such as license plate numbers, personal names, e-mail addresses, websites, webpage links or street addresses.
- Entries must not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission.
- Entries must not contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission.
- Entries must not include look-alikes of celebrities or other public or private figures, living or dead.
- Entries must not communicate messages or images inconsistent with the positive images and/or goodwill to which Released Parties wish to associate.
- Entries must not depict and/or contain any content that is in violation of these Official Rules and/or any applicable laws.
Additionally, if an entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render the entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein. Sponsor shall have the ability to modify a Photo to bring the Submission in compliance with these requirements should it feel it is necessary at its sole discretion. All Submissions will be reviewed for content eligibility and compliance with these Official Rules before being judged. Submissions containing false information, prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Submissions are eligible to take part in this Contest. Entering a Submission grants Sponsor and its agents the unconditional, irrevocable, worldwide right to publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, without limitation, and without consideration to the entrant, whether or not such Submission is selected as a winning Submission. BY SUBMITTING THE ORIGINAL SUBMISSION, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH SUBMISSION IN ANY WAY AND POST THE ORIGINAL SUBMISSION ON THE INTERNET OR USE THE ORIGINAL SUBMISSION IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. IN ADDITION, IF AT ANY TIME DURING THE CONTEST ENTRY PERIOD OR AT ANY TIME THEREAFTER, SPONSOR DETERMINES THAT NOT ENOUGH OR NO ELIGIBLE ENTRIES EXIST FROM WHICH TO DETERMINE THE WINNER, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH OR NO ELIGIBLE ENTRIES EXIST, AND THEN MAY EITHER SUSPEND OR TERMINATE THE CONTEST OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING ANY ONE OR MORE OF THE PRIZING SET FORTH IN THESE OFFICIAL RULES.
- SWEEPSTAKES GRAND PRIZE (1): One (1) Grand Prize winner will win one (1) $30,000 voucher to be applied towards the purchase of winner’s choice of one of the following vehicles: 2015 Ford Fusion, 2015 Ford Escape, 2015 Ford Focus, 2015 Ford Explorer. Approximate Retail Value of prize (“ARV”): up to $30,000.00. Grand Prize winner is responsible for all costs in excess of $30,000. If selected vehicle is less than $30,000, the difference will not be awarded to Grand Prize winner. Voucher may not be applied towards, title, license, insurance and registration fees required in claiming the vehicle, applicable sales taxes as well as all other expenses relating to the receipt and use of Grand Prize vehicle, including any travel and transportation costs associated with collecting the vehicle. Voucher may be applied towards any factory upgrades or options. Model, color, package, factory options, and other prize specifics are subject to availability. Other than the manufacturer’s limited warranty, Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the vehicle including but not limited to its quality, fitness for purpose or mechanical condition. Grand Prize Winner (or such winner’s parent or legal guardian, if applicable) must have proof of a valid U.S. driver’s license from their state or place of residence in the United States and will be required to provide proof of insurance in order to take delivery. Grand Prize Winner must enter into a signed purchase agreement with the Grand Prize voucher within 60 days of date listed on signed Affidavit of Eligibility and Liability/Publicity Release (“Delivery Date”). Failure to provide proof of a valid driver’s license and proof of insurance prior to delivery, or failure to enter into a signed purchase agreement with the Grand Prize voucher within 60 days of the Delivery Date may result in prize forfeiture and selection of an alternate winner. Sponsor shall not be responsible for delays in delivery of the prize vehicle. All other costs not specifically stated herein as being awarded are the responsibility of the Winner.
- SWEEPSTAKES BONUS DRAWING PRIZE (1): The Bonus Drawing winner will receive $500 awarded in the form of a check made payable to the winner. Please allow 4-6 weeks for shipment of prize after winner verification and confirmation. ARV: $500. Bonus Prize Winner will be notified by Sponsor via Facebook direct message including instructions to redeem. Sponsor will make one (1) attempt at contacting the Bonus Drawing Prize winner. Sponsor is not responsible for undeliverable Facebook messages. Bonus Drawing Prize winner is responsible for maintaining active Facebook account status and checking Facebook messages for winner notification during Promotional Period. Unclaimed and/or lost prizes will not be awarded.
- ALL PRIZES: Taxes (INCLUDING ANY INCOME TAXES) are the sole responsibility of the winner, regardless of whether prize is used in whole or in part. Sweepstakes Grand Prize Winner will be issued an IRS 1099 form for the retail value of the prize. No substitution, cash equivalent, or transfer of a prize will be permitted, except that Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. All prize details are at Sponsor’s sole discretion. Unclaimed prize will not be awarded. Odds of winning a Grand prize or Bonus Drawing prize depend on the number of eligible entries received during the corresponding entry period. Total ARV of all prizes: $30,500.
- SWEEPSTAKES GRAND AND BONUS PRIZE NOTIFICATION/REQUIREMENTS: Potential winners will be notified by e-mail and/or phone at Sponsor’s discretion on or about January 30, 2016. If Sponsor cannot locate a winner within seven (7) days of date of attempted notification, the prize may be forfeited. Potential winners shall be required to complete, sign and return to Sponsor an Affidavit of Eligibility and a Liability/Publicity Release (unless otherwise prohibited) within seven (7) days of date of attempted notification. If a winner cannot be contacted within seven (7) days, fails to complete, sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period, is not in compliance with these Official Rules, or a prize or prize notification is returned as undeliverable, prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- ENTRANT'S PERSONAL INFORMATION: Personal information collected from Entrants is subject to the Privacy Statement found at www.maketheswitchgiveaway.com/privacy.aspx. By entering the Promotion, you expressly agree to the terms of the Privacy Statement. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- GENERAL CONDITIONS: By accepting a prize, each winner grants Sponsor and/or their designees the right to use his/her name, biographical information, testimonial, photo and/or likeness and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Released Parties (as defined below) are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, stolen, misdirected, undelivered or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion for any reason, including, but not limited to, should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, randomly select the winners from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.
- LIMITATION OF LIABILITY: By entering the Promotion, entrants agree that the Promotion Parties, Facebook, Inc. and their respective officers, directors, employees and agents (collectively, “Released Parties”) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto).
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW/JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Michigan, in the County of Wayne.
- SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- WINNERS LIST: For the names of the winners or copy of Official Rules, send your request to 2015 Make the Switch Giveaway Winners List 3070 Bristol St. Suite 580, Costa Mesa, CA 92626. Requests must be received by January 30, 2016.
- SPONSOR: Ford Motor Company, 16800 Executive Plaza Drive, Dearborn, MI 48126.
- ADMINISTRATOR: Flashpoint Communications, LLC, 3070 Bristol St. Suite 580, Costa Mesa, CA 92626