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 SWEEPSTAKES 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.
1. ELIGIBILITY: The 2014 Make the Switch Giveaway (the “Sweepstakes”) 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 Sweepstakes (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. 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 Sweepstakes. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. You understand that you are providing your information to Sponsor and not to Facebook.
2. PROMOTION PERIOD: Sweepstakes begins January 17, 2014 at 11:59:59 PM Eastern Standard Time (“EST”) and ends January 2, 2015 at 05:00:00 PM EST (“Promotion Period”). The Web Site server’s clock is the official clock for this Sweepstakes.
3. HOW TO ENTER: To enter, go to www.maketheswitchgiveaway.com (“Web 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 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 (“Entry”) into the Sweepstakes. (b) VIA MOBILE DEVICE: To enter from a mobile device, answer three (3) trivia questions (“Trivia Questions”) for one of the vehicles listed on the Web Site and then complete and submit in full an official entry form via your mobile device at the Web Site to receive one (1) Entry into the Sweepstakes. Quiz questions will not be judged. Your mobile carrier’s data rates may apply. 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 up to five additional Sweepstakes Videos to receive up to five additional Entries into the Sweepstakes. Mobile entrants may answer a set of three additional Trivia Questions per vehicle to receive an additional Entry into the Sweepstakes. After submitting an Entry, entrants can share their Entry via a unique URL on their Facebook, Twitter 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) extra entry (“Extra Entry”). Limit six (6) Entries and five (5) Extra 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 e-mail 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.
4. ENTRANT'S PERSONAL INFORMATION: Information collected from Entrants is subject to the Privacy Statement found at https://www.maketheswitchgiveaway.com/privacy.aspx. By entering the Sweepstakes, 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.
5. DRAWING: Potential grand prize winner will be selected in a random drawing from among all eligible entries received, on or about February 3, 2015 by an independent judging agency, whose decisions are final and binding in all respects.
6. GRAND PRIZE WINNER NOTIFICATION/REQUIREMENTS: Potential winner will be notified by e-mail and/or phone at Sponsor’s discretion on or about February 3, 2015. 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.
7. 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: 2014 Fiesta, 2014 Focus, 2014 F-150, 2014 Fusion, 2014 C-MAX Hybrid, 2014 Escape. 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 to take delivery of vehicle; failure to show same may result in prize forfeiture and selection of an alternate winner. All other costs not specifically stated herein as being awarded are the responsibility of the Winner.
All Prizes: Taxes (INCLUDING ANY INCOME AND WITHHOLDING TAXES) are the sole responsibility of the winner, regardless of whether prize is used in whole or in part. 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. All prize details are at Sponsor’s sole discretion. Unclaimed prize will not be awarded. Odds of winning a prize depend on the number of eligible entries received during the corresponding entry period. Total ARV of all prizes: $30,000.
8. 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-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 Sweepstakes. 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 Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes 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 Sweepstakes for any reason, including, but not limited to, should any portion of the Sweepstakes 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.
9. LIMITATION OF LIABILITY: By entering the Sweepstakes, 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 Sweepstakes or any Sweepstakes related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto).
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, 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 SWEEPSTAKES, 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.
11. GOVERNING LAW/JURISDICTION: These Official Rules and the Sweepstakes 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 Sweepstakes, 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.
12. 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.
13. WINNERS LIST: For the names of the winners or copy of Official Rules, visit: http://www.fordeventgiveaway.com/past_winners.aspx or send your request to Make the Switch Giveaway Winners List 3070 Bristol St. Suite 580, Costa Mesa, CA 92626. Requests must be received by February 3, 2015
14. SPONSOR: Ford Motor Company, 16800 Executive Plaza Drive, Dearborn, MI 48126
15. ADMINISTRATOR: Flashpoint Communications, LLC, 3070 Bristol St. Suite 580, Costa Mesa, CA 92626