The 2016 Nissan Car Care Event Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION BY LEGAL RESIDENTS OF THE UNITED STATES ONLY AND IS GOVERNED BY U.S. LAW. YOU ARE ONLY ELIGIBLE TO ENTER IF YOU ARE A LEGAL U.S. RESIDENT AND A CURRENT NISSAN VEHICLE OWNER (EXCEPT NCV OWNERS) AS OF SEPTEMBER 30, 2016. INTERNET ACCESS AND A VALID EMAIL ADDRESS REQUIRED. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The 2016 Nissan Car Care Event Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who currently own a Nissan vehicle (except NCV models) as of September 30, 2016. Void where prohibited. Employees, directors, officers, agents, franchise owners or representatives of Nissan North America, Inc. (“Sponsor”), The Marketing Store Worldwide, LLC (“Sweepstakes Administrator”), and their respective parent companies, related companies, affiliates and agents, prize suppliers, and advertising and promotion agencies, and anyone else connected with the production and distribution of this Sweepstakes, as well as, the immediate family (spouse, parents, siblings, and children), wherever they may live, and same household members of each such employee/director/officer/agent/franchise owner/representative (whether related or not) are not eligible to participate. Owners of NCV models are not eligible to participate. All federal, state and local laws and regulations apply. Void where prohibited by law.
2. AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, each eligible entrant (“Entrant”) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sweepstakes Administrator, which are final and binding in all matters related to the Sweepstakes, including Entrant’s understanding that he/she is providing information to Sponsor. Winning a Grand Prize is contingent upon fulfilling all requirements set forth herein.
3. TIMING: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on October 1, 2016 and ends at 11:59:59 p.m. ET on October 31, 2016. (the “Sweepstakes Period”).
4. HOW TO PARTICIPATE: You can use a computer or a web-enabled mobile device to enter at www.NissanUSA.com/CarCareEvent (the “Website”) where you will be required to register. Entrants must register at the Website by completing the online registration form that includes: your complete name, street address, city, state and zip code, email address (for use to contact prize winners), daytime telephone number (including area code) and your agreement to the Official Rules. TEXT AND DATA CHARGES/WIRELESS INTERNET ACCESS CHARGES MAY APPLY TO MOBILE ENTRY. CONSULT YOUR WIRELESS CARRIER’S RATE PLAN FOR DETAILS BEFORE SEEKING TO PARTICIPATE IN THE SWEEPSTAKES VIA MOBILE DEVICE. Not all mobile devices may be used for mobile entry; and, wireless Internet access may not be available in all areas. Upon successful submission of a registration, the Entrant will receive one (1) entry into the Grand Prize drawing. Limit one (1) entry per person, per email address. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other method, will void all of that Entrant’s entries and that Entrant will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to ownership of any entry, the authorized account holder of the email address used will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. THREE (3) GRAND PRIZES: Three (3) Grand Prize winners will receive a check for $5,000. The total value of all prizes in the Sweepstakes is $15,000.
6. GRAND PRIZE DRAWING: On or about November 21, 2016, three (3) Grand Prize winners will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period, conducted by the Sweepstakes Administrator, whose decisions shall be final. The odds of winning will be determined by the total number of eligible entries received.
7. WINNER VERIFICATION: All selected potential winners must comply with these Official Rules and must sign and return (or, if potential winner is 18 years old or older, but not the age of majority in his/her jurisdiction of permanent residence (an “Eligible Minor”), then his/her parent or legal guardian must sign and return) to the Sweepstakes Administrator, within ten (10) days of the date of notification, an Affidavit of Eligibility, Liability and Publicity Release (where lawful) (“Affidavit”) along with a copy of the vehicle registration for the potential winner’s currently owned Nissan vehicle (except a NCV vehicle). Sponsor and Sweepstakes Administrator reserve the right, in their sole discretion, to condition the awarding of any Grand Prize based on the potential winner establishing to the Sponsor’s/Sweepstakes Administrator’s satisfaction that he/she participated in the Sweepstakes in compliance with these Official Rules. If the potential winner cannot be contacted, fails to sign and return (or have his/her parent or legal guardian sign and return) the Affidavit within the required time period or Grand Prize/Notification is returned as undeliverable, such potential winner will be disqualified and forfeit the Grand Prize without compensation of any kind. If a Grand Prize is forfeited, Sponsor, at its sole discretion, may select up to three (3) alternate potential winners from among all remaining eligible entries. Such alternate potential winner(s) will then be notified, and must comply with the process identified above to be verified as a winner. Prize won by an Eligible Minor will be awarded in the name of Eligible Minor to his/her parent or legal guardian.
8. ADDITIONAL GRAND PRIZE INFORMATION/TERMS & CONDITIONS: Winner is solely responsible for all taxes including, but not limited to, federal, state and local income taxes and other fees and expenses associated with acceptance of Grand Prize, which are not specified herein. Winner (if an Eligible Minor, his/her parent or legal guardian) will be required to complete and return an IRS Form W-9 (sent by the Sweepstakes Administrator along with the Affidavit) prior to receipt of the Grand Prize. Winner’s receipt of Grand Prize will be reported to the Winner and to applicable governmental authorities on an IRS Form 1099-MISC as required by law. No substitution, assignment or transfer of Grand Prize permitted, except by Sponsor, who reserves the right to substitute a Grand Prize with another prize of equal or greater value due to Grand Prize unavailability for any reason. Limit of one (1) prize per person/family/household/address.
9. PUBLICITY: Participation in any component of the Sweepstakes and acceptance of prize constitutes winner’s permission for Sponsor and/or its designees to videotape, photograph and/or record winner (collectively, “Footage”) and to use, exploit, display, create derivative works from and distribute the Footage and the winner’s name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor (collectively, “Likeness”), in Sponsor’s sole and absolute discretion, in the Footage and separate and apart therefrom, throughout the universe, in perpetuity, for any purpose whatsoever, in any and all media now known or hereafter created (including but not limited to any and all broadcast, cable, and Internet media, etc.), for any purpose, (including but not limited to advertising and promotional purposes, etc.), without notice or additional compensation, except where prohibited by law.
10. GENERAL CONDITIONS: Sponsor reserves the right to suspend, cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s control impairs the integrity of the Sweepstakes such that it cannot be conducted as originally planned, as determined by Sponsor in its sole discretion. In such event, Sponsor will make the Grand Prizes available to be won in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at the Website. No more than the stated number of Grand Prizes will be awarded. Sponsor reserves the right, in its sole discretion, to disqualify any inspanidual 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 law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys’ fees) 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.
11. RELEASE: By receipt of prize, winner agrees to release and hold harmless, Sponsor, Sweepstakes Administrator, and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, directors, distributors, attorneys, dealers, shareholders, members, managers, advertising and promotions agencies, and manufacturers or distributors of promotion materials (collectively, “Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Sweepstakes or acceptance, possession, receipt or use/misuse of prize. SPONSOR MAKES NO OTHER WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN CONNECTION WITH PRIZES, INCLUDING WITHOUT LIMITATION THEIR QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. LIMITATIONS OF LIABILITY: Released Parties are not responsible for, and Entrants release and hold Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer or mobile/wireless device, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes.
13. DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or the awarding of Grand Prizes, shall be resolved inspanidually, without resort to any form of class action, and by the United States District Court for the Middle District of Tennessee or the Tennessee State Court located in Williamson County, Tennessee and, by participating, Entrant expressly consents to the personal jurisdiction of such courts and waives any right of change of venue or like right; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) 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 LIMITATIONS 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 the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee.
15. WINNERS LIST: For names of the Grand Prize winners, send a self-addressed, stamped envelope (“SASE”) to: The 2016 Nissan Car Care Event Sweepstakes, Winners List Request, P.O. Box 2231, Chicago, IL 60690. Requests must be received by December 16, 2016.
16. SPONSOR: Nissan North America Inc., One Nissan Way, Franklin, TN 37067-1634.
17. SWEEPSTAKES ADMINISTRATOR: The Marketing Store Worldwide, 55 W. Monroe Street, Suite 1400, Chicago, IL 60603.