AutoPacific “2016 New Vehicle Satisfaction Survey” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
The following Sweepstakes is intended for legal residents of the 50 United States of America (“USA”) and D.C. only and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the USA at the time of entry.
ELIGIBILITY: The AutoPacific “2016 New Vehicle Satisfaction Survey” Sweepstakes (the “Sweepstakes”) is open and offered only to legal residents of the USA and D.C. (excluding residents of New York & Florida) who have reached the age of majority in their state of residence at the time of entry (“Entrants”). Employees of AutoPacific, Inc. and American Sweepstakes & Promotion Co., Inc., their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. Void outside of the USA & DC, in NY & FL, and where prohibited or restricted by law.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by AutoPacific, Inc., 2991 Dow Avenue, Tustin, CA 92780 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the “Administrator”).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
THREE WAYS TO ENTER: The Sweepstakes begins at 11:00:01 a.m. Eastern Time (“ET”) on January 25, 2016 and ends at 11:59:59 p.m. ET on April 30, 2016 (“Sweepstakes Period”). The Administrator’s computer is the official time-keeping device for the Sweepstakes.
- Online – Eligible Entrants contacted via email can enter the Sweepstakes online by visiting http://vehiclevoice.com (the “Website”). At the Website, Entrants will be instructed to complete the New Vehicle Satisfaction Survey. Upon submission of the survey, an Entrant will receive one (1) valid Sweepstakes entry.
- Mail-in Survey – Eligible Entrants contacted via direct USPS mail can enter the Sweepstakes by physically completing the New Vehicle Satisfaction Survey, and mailing it to: AutoPacific, Inc., 2991 Dow Avenue, Tustin, CA 92780-9861. Upon the Sponsor’s receipt of the survey, the Entrant will receive one (1) valid Sweepstakes entry.
- Mail-in Card – Entrants can handwrite their full name, complete mailing address, daytime phone number, and email address on a 3” x 5” card and mail it to: AutoPacific “2016 New Vehicle Satisfaction Survey” Sweepstakes, 90 Rockwood Place, Rochester, NY 14610. Each valid Mail-in Card entry received will count as one (1) Sweepstakes entry. Mechanical reproductions will be void. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
All entries must be received by the Sponsor by 11:59:59 p.m. ET on April 30, 2016 in order to be eligible. There is a maximum of one (1) entry per person per household during the Sweepstakes Period, regardless of method of entry. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
DRAWING AND NOTIFICATION: All potential Prize Winners will be selected in a random drawing from among all eligible entries received by the Administrator whose decisions are final and binding. The Prize drawing will be conducted on or about May 29, 2016. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winner and potential First Prize Winners will each be contacted by the Administrator via telephone (a message will not be left) and/or will receive a USPS mail package of prize confirmation. If a potential Grand Prize Winner or First Prize Winner cannot be contacted within three (3) days after the first attempt to contact him/her, the Sponsor may select an alternate potential Winner in his/her place at random from the remaining entries. The Second Prize Winners will be contacted via USPS mail.
PRIZES: There will be one (1) Grand Prize, four (4) First Prizes, and twenty (20) Second Prizes awarded following the conclusion of the Sweepstakes Period. The Grand Prize Winner, upon confirmation of eligibility, will receive a $3,500 cash award. Each First Prize Winner will receive a $750 cash award. Each Second Prize winner will receive a $100 cash award. Total Prize Pool – $8,500.
PRIZE CONDITIONS: The potential Grand Prize Winner and potential First Prize Winners will each be required to sign an Affidavit of Eligibility and Liability/Publicity Release to be returned within ten (10) business days of written notification, or prize may be forfeited and an alternate Winner selected. Note: The Affidavit sent to the potential Grand Prize Winner and potential First Prize Winners will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. In Sponsor’s sole discretion, if a prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if the potential Grand Prize Winner or potential First Prize Winners cannot be reached within three (3) days from the first notification attempt, if a potential Winner fails to return requisite document within the specified time period, or if a potential Prize Winner is not in compliance with these Official Rules, such then such person shall be disqualified and an alternate Winner will be selected for the prize at issue. Prizes may be reported as income (Grand Prize and First Prizes) to a Winner and the Winner will be responsible for all local, state, and federal taxes associated with the receipt of a Prize. The Sponsor reserves the right in its sole discretion to substitute any prize package with another prize of equal or greater value as determined by the Sponsor in its sole discretion.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the applicable Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, the Administrator, their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury, death, 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 of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
GENERAL: By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Prize Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Prize Winner, please send a self-addressed, stamped business size envelope, by July 20, 2016, to: ASC/AutoPacific “2016 New Vehicle Satisfaction Survey” Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.