What are the Rules and Regulations for the Warriors in Pink Sweepstakes?
HOUSE PARTY, INC.
“Ford Warriors in Pink Mustang Sweepstakes”
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. GENERAL. The House Party, Inc. “Warriors in Pink Mustang Sweepstakes” (the “Sweepstakes”) is a sweepstakes where one (1) eligible entrant will win a 2009 Ford Mustang with a Warriors in Pink Package, as described in more detail below. The foregoing is a general description only of the Sweepstakes and is qualified in its entirety by these Official Rules.
2. ELIGIBILITY. The Sweepstakes is only open to entrants who, as of the entry date, are permanent legal residents of the fifty (50) United States or the District of Columbia, and are at least eighteen (18) years old. The Sweepstakes is void outside the fifty (50) United States and the District of Columbia, and where prohibited or restricted by law. Employees, officers and directors of Sponsor, Ford Motor Company (“Ford”), and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and entrants must be present in the United States or the District of Columbia at the time they enter.
3. TIMING. The Sweepstakes entry period begins at 5:00 p.m. Eastern Time (“ET”) on October 9, 2008, and ends at 11:59 p.m. ET on October 17, 2008 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
4. HOW TO ENTER. During the Entry Period, go to the Sweepstakes promotion page located at www.houseparty.com/fordwarriorsinpink, then click on the Sweepstakes icon to be forwarded to the Sweepstakes information and registration section. Once at the Sweepstakes information and registration section, follow the links and instructions for online entry. Completely fill out the online entry form and submit it in accordance with the on-screen instructions. All online entries must be received by Sponsor during the Entry Period. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of online submission will not be deemed to be proof of receipt of entry by Sponsor. LIMIT: One (1) entry per person during the Entry Period in the Sweepstakes. See Section 13 below (“Data Collection; Promotional Materials”) regarding data collected in connection with an entrant’s entry and an entrant’s ability to opt-out of/opt-in to receiving marketing and promotional materials. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor or its designee (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
6. DRAWING; ODDS; NOTIFICATION. On or about October 20, 2008, Sponsor or its designee will randomly select one (1) potential prize winner from among all eligible entries received by Sponsor in the Sweepstakes during the Entry Period. Odds of winning the prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email. In order to claim the prize, the potential winner must (a) execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release, and a Publicity Release (except where prohibited by law) in the form(s) provided by Sponsor or its designee and (b) provide to Ford or its designee a valid United States driver’s license and all legally required proof of insurance, and execute and return to Ford or its designee all tax, title, registration and other forms with respect to the vehicle in the forms provided by Ford or its designee. Such documents and information must be returned to Sponsor or Ford or their respective designees, as applicable, by the dates and/or times indicated within such documents or communicated to the potential prize winner by Sponsor, Ford or their respective designees. If the potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if the potential winner fails to return the required documents and information within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor or its designee in his/her place at random from among all eligible nonwinning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents and information to Sponsor or Ford or their respective designees, as applicable, as described above.
7. PRIZE. Subject to the terms and conditions of these Official Rules, one (1) prize will be awarded in this Sweepstakes. A prize consists of and is limited to one (1) 2009 Ford Mustang with a Warriors in Pink Package (vehicle as selected and equipped by Ford). Approximate Retail Value (“ARV”) of the prize is $31,039.99 (ARV based on Manufacturer’s Suggested Retail Price of a 2009 Ford Mustang with Warriors in Pink package.).
Prize is nontransferable and nonassignable, and is not refundable, and must be accepted as awarded. Prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued an IRS Form 1099 for the actual value of the prize. Without limiting the foregoing, winner is solely and fully responsible for all other costs and expenses associated with the vehicle, including, without limitation, registrations; license; title; income, sales or other taxes; insurance; maintenance; gas; additional equipment or accessories; and optional insurance or other products. There are no additional warranties on the vehicle except as may be offered to winner by Ford. Winner must take delivery of prize within thirty (30) days of notice of availability from dealer selected by Ford in its sole discretion. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Sponsor is not responsible for fraudulent calls or emails made to entrants by third parties.
8. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or nonelectronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, nonsuspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person 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, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, Ford and their respective parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers (including, without limitation, Ford), and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATIONS OF LIABILITY. Neither Sponsor nor Ford is responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; entrant submits to sole and exclusive personal jurisdiction to said courts in the state of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of New York, the United States or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.
14. OFFICIAL RULES. These Official Rules are available at www.houseparty.com/fordwarriorsinpink at the Sweepstakes section of the website, or by sending a self-addressed postage-stamped envelope to “Ford Warriors in Pink Sweepstakes – Rules Request”, c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533. Vermont residents do not need to affix return postage.
15. WINNERS LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Ford Warriors in Pink Sweepstakes – Winners List Request,” c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533. Requests must be received by January 17, 2009.
16. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533.