Mercedes-Benz Best Summer Sweepstakes
OFFICIAL RULES
NO PURCHASE
NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE U.S. AND WHERE
PROHIBITED.
ELIGIBILITY: The Mercedes-Benz Best Summer
Sweepstakes (the “Sweepstakes”) is open and offered only to legal
residents of the fifty (50) United States of America and the District of
Columbia (“USA”) who are twenty-one (21) years of age or older at the
time of entry with a valid driver’s license. Do not enter this
Sweepstakes if you are not a legal resident of the USA at the time of
entry. Employees and officers of Mercedes-Benz USA, LLC, Mercedes-Benz
Financial Services USA LLC and its affiliates, GO! Productions LLC,
Razorfish, and American Sweepstakes & Promotion Company, Inc., their
immediate families (parent, child, sibling or spouse, regardless of
where they live) and/or household members and any other persons or
entities associated with this Sweepstakes are ineligible to enter or
win.
SPONSOR/ADMINISTRATOR: The Sweepstakes is
sponsored by Mercedes-Benz USA, LLC, One Mercedes Drive, Montvale, New
Jersey, 07645 (the “Sponsor”) and administered by American Sweepstakes
& Promotion Company, 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 is
contingent upon fulfilling all requirements set forth herein.
ENTRY PERIOD:
The Sweepstakes begins at 12:00pm (ET) on July 19, 2012 and ends at
11:59am (ET) on September 10, 2012 (“Entry Period”). Sponsor’s computer
is the official time-keeping device for the Sweepstakes.
HOW TO ENTER:
During the Entry Period, go to www.facebook.com/mercedesbenzusa (the
“Website”). At the Website, “like” the page, and follow the links and
instructions to complete the Sweepstakes registration page. To enter,
you must provide your first name, last name, complete mailing address,
phone number, email address, and upload a photo showcasing your best
summertime interaction with the Mercedes-Benz brand (the “Theme”). All
photo submissions must contain Mercedes-Benz brand likeness and must
show reference to Sponsor in some fashion. Submitting a Theme-applicable
photo submission is a mandatory part of the entry process. Photo
submissions will not be judged or graded. A completed registration form
and Theme-applicable photo submission will generate one (1) Sweepstakes
Entry (“Entry”). There is a maximum of one (1) Entry per person per
Facebook account and linked email per day during the Entry Period.
Once
submitted, an Entry cannot be deleted, canceled or modified. In order
to be eligible, Entries must actually be received by Sponsor during the
Submission Period. For purposes of this Sweepstakes, an Entry is
“received” when the Website’s servers record the Entry information.
Those who do not follow all of the instructions, do not provide the
required information in their entry form, or do not abide by these
Official Rules or other instructions of Sponsor will be disqualified.
All Entries become property of Sponsor and will not be returned or
acknowledged.
Photo entries may not contain any image
or depiction of the following: (i) materials which include or
constitute trademarks, trade names or copyrighted works created or owned
by any person or entity other than Entrant or for which the Entrant has
obtained owner’s written permission to use (Sponsor’s discretion); (ii)
materials bearing profanities, or bearing the name or likeness of any
celebrity, living or dead; (iii) materials which contain visible
identifiable or potentially identifiable information, including but not
limited to, phone numbers, website links, street addresses, e-mail
addresses or license plate numbers; (iv) inappropriate behavior for a
general audience; (v) any depiction of real or simulated sexual acts;
(vi) violence in any form; (vi) materials which violate anyone’s
reasonable privacy expectations, violate any known agreement, or which
are defamatory in nature; (viii) materials which are derogatory to
Sponsor, or any affiliated entity or person; (ix) materials which are
discriminatory based on race, religion, national origin, physical
disability, age, sex, or sexual orientation or preference; (x) materials
in which any person identifiably appears unless Entrant has obtained an
appropriate written release from such person granting all rights
required herein; and, (xi) materials which do not comply with all other
requirements in these Official Rules. Entries that do not conform to
these guidelines will be disqualified. Sponsor reserves the right to
reject or disqualify any entry which Sponsor, in its sole and absolute
discretion, determines to be inconsistent with the letter or spirit of
the Official Rules or potentially damaging to its, the Sweepstakes, or
another’s image or reputation.
Sponsor reserves the
right in its sole discretion to feature entry photographs on its
Facebook page during and after the Entry Period. Photographs chosen to
be featured do not increase chances of winning.
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 Grand Prize 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, GO! Productions LLC, Razorfish, the Administrator
and Facebook, Inc., their respective parents, employees, officers,
directors, 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, receipt and ownership of the 13 month lease of the Vehicle or
use of the Vehicle, 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) errors in the administration of the Sweepstakes or the processing
of entries; or (e) 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,
unless prohibited by law. 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.
WINNER SELECTION AND NOTIFICATION:
The 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
September 20, 2012. Odds of winning will depend on the total number of
eligible entries received throughout the Entry Period. Each potential
Prize Winner will be contacted by telephone (a message will not be
left), email, and USPS mail (or overnight mail in Sponsor’s sole
discretion).If a potential Prize Winner cannot be contacted within three
business (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.
BACKGROUND CHECK:
Sponsor reserves the right to conduct a background check on the
potential Grand Prize Winner and reserves the right in its sole
discretion to disqualify the potential Grand Prize Winner based on the
results of such background check, if the Sponsor determines in its sole
discretion that awarding the prize to such Grand Prize Winner might
reflect negatively on Sponsor. Factors that would result in
disqualification as the Grand Prize Winner include, without limitation,
the Grand Prize Winner having been convicted of a felony or misdemeanor,
being delinquent on a government-ordered payment, such as child
support, spousal support, alimony, tax payments, etc., or any other
criminal or civil offense determined at the sole discretion of the
Sponsor.
PRIZES/APPROXIMATE RETAIL VALUES:
There will be one (1) Grand Prize and fifty (50) First Prizes awarded
following the conclusion of the Entry Period. Subject to the
restrictions and limitations below, the Grand Prize consists of (i) a
thirteen (13) month single-pay lease of a 2013 Mercedes-Benz SLK250
(the “Vehicle”), and (ii) a single cash payment of seven-thousand
five-hundred U.S. Dollars ($7,500 USD) to assist in payment of taxes and
insurance costs associated with the Grand Prize. The approximate
retail value (“ARV”) of the Grand Prize package is seventeen-thousand
nine-hundred ninety-one U.S. Dollars ($17,991 USD).
The
interior and exterior colors and all vehicle options (if any) are the
Sponsor’s sole discretion. Lease mileage limited to 15,000 miles per
year.
The Grand Prize Winner will be required to sign
a vehicle lease through Mercedes-Benz Financial Services which may have
additional terms and conditions. The Grand Prize Winner will incur
certain costs in receiving the 13 month single-pay lease of the Vehicle.
These costs may include, but are not limited to, federal and state
income taxes, ad valorem and sales tax liability, registration costs and
insurance costs. The Grand Prize Winner will be responsible for
payment of all costs and any other expenses, associated with the
ownership and use of the Vehicle. The Grand Prize Winner will be solely
responsible for all income taxes, liability and collision insurance
premiums, scheduled routine maintenance charges, excess wear and use
charges, damage to the vehicle charges, early termination fees, excess
mileage charges, gasoline, use taxes, license, title, registration fees,
other operating expenses, and other government fees and expenses
incurred as a result of receiving and/or using the Vehicle.
Pictures,
display vehicles or other representations of any vehicle used in
connection with this Sweepstakes are not depictions or promises of the
Grand Prize which may differ substantially. The Sponsor will not provide
any additional verbal or written warranties other than the standard
written New Vehicle Limited Warranty provided with the Vehicle. The
Grand Prize Winner must possess automobile insurance required under the
Mercedes-Benz Financial Services First Class Lease program prior to
receiving prize. No cash or vehicle substitutes and no cash rebates.
Lease must commence no later than December 31, 2012. Lease cannot be
assigned or transferred to a third party. Vehicle delivery is through an
authorized Mercedes-Benz dealer and conditional upon winner’s execution
and return of Mercedes-Benz Financial Services’ customary motor vehicle
lease documentation (including its standard consumer single-pay motor
vehicle lease agreement and credit application). The vehicle must be
returned at the end of the 13 month lease term, purchase option will be
made available. Winner will be responsible for pick up and return of
Vehicle at time and location determined in the sole discretion of
Mercedes-Benz Financial Services.
The Grand Prize
Winner eligibility requires credit check and is subject to credit
approval by Mercedes-Benz Financial Services. In order to be eligible,
the selected individual must possess a valid, unrestricted U.S. driver’s
license and meet Mercedes-Benz’s driving and credit underwriting
guidelines, and sign and return an affidavit of eligibility and
publicity/liability release (as described below) prior to receiving
prize. In the Sponsor’s sole discretion, a selected winner may be
required to forfeit the prize and an alternate winner may be selected in
accordance with these Official Rules from the remaining eligible
entries if selected winner (i); declines or cannot accept, receive or
use the prize for any reason; or (ii) fails to comply with these
Official Rules. The maximum value of the prize set forth above
represents the Sponsor’s good faith determination of the maximum ARV
thereof and the actual fair market value, as ultimately determined the
Sponsor, cannot be challenged or appealed.
Fifty (50) First Prize Winners will each receive one (1) pair of SLK Unisex Sunglasses (ARV - $130/per).
ALL
EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE PACKAGE NOT
MENTIONED HEREIN ARE THE SOLE RESPONSIBLITIY OF THE PRIZE WINNERS. ANY
DIFFERENCE BETWEEN THE STATED APPROXIMATE RETAIL VALUE OF ANY PRIZE AND
THE ACTUAL VALUE OF SUCH PRIZE WILL NOT BE AWARDED. The Sponsor reserve
the right in its sole discretion to substitute any prize package with
another prize of equal or greater value in the event that the prize (or
any component thereof) is not availableas determined by the Sponsor in
its sole discretion. All cash prizes are in United States Dollars
without consideration to the rate of exchange.
ADDITIONAL PRIZE CONDITIONS:
Any local, state or federal taxes associated with any prize awarded in
connection with the Sweepstakes are the sole responsibility of the Prize
Winners. The Grand Prize Winner will also be required to disclose
his/her social security number for the purpose of issuance of a Form
1099 for tax purposes. The Released Parties are not liable for the
payment of any taxes associated with such prizes. The potential 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. In Sponsor’s sole discretion, if a prize or prize
notification is returned as unclaimed or undeliverable to a potential
winner, if a potential Prize 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, then such person shall be
disqualified and an alternate winner will be selected for the prize at
issue.
GENERAL: By accepting a Prize, where
permitted by law, the Prize 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,
photo submission, 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). 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.
USE OF DATA:
All information submitted by Entrants will be treated according to
Sponsor’s privacy policy, available at
http://www.mbusa.com/mercedes/policies/privacy_statement. By
participating in the Sweepstakes and providing any personal information,
Entrants hereby agree to Sponsor’s collection and usage of their
personal information and acknowledge that they have read and accepted
Sponsor’s Privacy Policy.
DISPUTES: All
aspects of the operation of the Sweepstakes, as well as the
construction, validity, interpretation and enforceability of these
Official Rules, as well as the respective rights of the Sponsor of,
participants in, and winners of the Sweepstakes, shall be governed by
the laws of the State of New Jersey, regardless of any choice-of-law or
conflict-of-law rules that would result in the application of any other
law. By participating in the Sweepstakes, all participants agree that
any dispute they may have with the Sponsor of the Sweepstakes or any
other person or entity involved in the development, advertisement or
operation of the Sweepstakes, or that they may have with respect to the
award of any prize(s) offered in the Sweepstakes, will be resolved
individually, without the resort to any form of class or representative
action, in accordance with New Jersey law.
In the
event that any dispute cannot be resolved informally, any and all
disputes with regards to the Sweepstakes, including but not limited to
disputes over winner selection, must be resolved exclusively through
private and confidential binding arbitration before the American
Arbitration Association, under the rules for commercial disputes, before
one neutral arbitrator and not in a court proceeding. By entering,
Entrants agree to waive any rights to join or participate in a class
action or representative action, act as a private attorney general or a
representative of others, or otherwise consolidate any claim with the
claims of others.
