Social Media Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
These Official Rules apply to all sweepstakes conducted on the @WagnerBrake page on Facebook, via @WagnerBrake on Twitter and/or @WagnerBrake on Instagram (each, a “Social Platform”, collectively, “Social Platforms”). Each individual sweepstakes will be announced via a post on one or more of the Social Platforms (“Sweepstakes Posting”). A Sweepstakes Posting will include how to enter, the entry deadline, and the prize(s)/value(s). All information contained in a Sweepstakes Posting is incorporated herein by reference.
1. ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR AGE OF MAJORITY IN JURISDICTION OF RESIDENCE, WHICHEVER IS GREATER). VOID WHERE PROHIBITED. The following individuals are not eligible to enter or win a prize in the sweepstakes: employees, contractors, directors, and officers of DRiV Automotive Inc. (“Sponsor”), Wondersauce, and their respective parents, subsidiaries, and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this sweepstakes, and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of each sweepstakes). Individuals are only eligible to win one (1) prize per three (3) month period. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this sweepstakes. Sweepstakes is subject to all applicable federal, state, provincial and local laws. Void in Quebec and were prohibited.
2. TO ENTER: To enter, follow the directions provided in the Sweepstakes Posting. All entries must be received by the date stated in the Sweepstakes Posting to be eligible. Unless otherwise specified in the Sweepstakes Posting, there is a limit of one (1) entry per person/email address per sweepstakes. Entries received from any person or e-mail address for any sweepstakes in excess of the stated limitation will be void. You must have an account on the Social Platform on which the Sweepstakes Posting was posted in order to be able to enter that sweepstakes. Establishing an account on any Social Platform is free. If entry takes place on Instagram or Twitter, your account must be set to “public” and you must follow @WagnerBrake on the applicable Social Platform to be eligible. You can return your account to “private” and unfollow @WagnerBrake any time after the winner announcement for that sweepstakes. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All entries become the property of Sponsor and will not be acknowledged or returned.
3. DRAWING(S): Potential winner(s) will be selected in random drawing(s) held on or about a week following the end of the applicable sweepstakes from all eligible entries received for that sweepstakes. Odds of winning depend on the number of eligible entries received for the applicable sweepstakes. Each sweepstakes is separate and distinct. Non-winning entries from one sweepstakes will not be included in any drawing for any subsequent sweepstakes. Potential winner(s) will be notified via a Direct Message or comment on his/her winning post (as applicable). Potential winners will have seven (7) days to respond to initial notification. Potential winners may be required to execute and return an affidavit of eligibility (or, if a resident of Canada, a Declaration of Eligibility), a publicity release (except where prohibited) and a liability release within ten (10) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner does not respond to the initial notification within the time period specified or potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the sweepstakes at issue. If a winner is a legal resident of Canada, he/she will also be required to answer a time-limited, mathematical skill-testing question administered via the telephone. Failure to answer the question correctly within the time period specified, as determined by Sponsor in its sole discretion, will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner for the sweepstakes at issue. If a potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner(s) set forth herein.
4. PRIZE(S): The prize(s) and its/their approximate retail value(s) will be set forth in the Sweepstakes Posting. All prize values will be stated in U.S. Dollars. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes may not substituted, assigned or transferred or redeemed for cash, however Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per household per any three (3) month period.
5. PUBLICITY GRANT: Each winner (and his/her parent or legal guardian if an eligible minor), by acceptance of a prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, Social Platform user name, address (city and state/province), photograph (including, without limitation Social Platform profile photo), voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
6. GENERAL CONDITIONS/LIMITATIONS OF LIABILITY AND RELEASE: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries or email; 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 any sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of a sweepstakes, the processing of entries, the announcement of the prize(s) 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 a 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 a sweepstakes or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of a sweepstakes or website or who are in violation of these Official Rules, 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 a sweepstakes at any time and for any reason, including, but not limited to, should any portion of a 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, select the potential winner(s) from all eligible, non-suspect entries received for that sweepstakes prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Sponsor, Wondersauce, Facebook, Inc., Instagram, LLC., Twitter, Inc., and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including injury or death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any sweepstakes. In the event of a dispute regarding entries received from multiple users having the same Social Platform account, the authorized subscriber of the Social Platform account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the account by the applicable Social Platform.
7. BINDING ARBITRATION: These Official Rules, any sweepstakes and any cause of action arising from any sweepstakes shall be governed by and construed in accordance with the laws of the State of Michigan (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or any sweepstakes shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, County of Oakland. Each party shall bear his/her own legal expenses in such arbitration.
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 THE SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A SWEEPSTAKES, EACH ENTRANT (AND PARENT/LEGAL GUARDIAN IF ENTRANT IS AN ELIGIBLE MINOR) 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 ANY 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.
8. WINNERS’ LIST: The name(s) of the winner(s) for a specific sweepstakes will be announced following the drawing via the applicable Social Platform.
10. SPONSOR: DRiV Automotive Inc., 27300 W 11 Mile Road, Southfield, Michigan 48034.
These sweepstakes are not sponsored, endorsed or administered by Facebook, Twitter or Instagram.