Latin Motors Car Sweepstakes OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The following Sweepstakes is intended for legal United States residents of the state of Florida only and shall only be construed and evaluated according to U.S. law & Florida state law.
SPONSOR/ADMINISTRATOR: The Latin Motors Car Sweepstakes (the “Sweepstakes”) is sponsored by and administered by Latin Motors (the “Sponsor” or “Latin Motors”).
ELIGIBILITY: The Sweepstakes is open and offered only to legal U.S. citizens who are residents of the state of Florida, and who are at least 18 years of age at the time of entry (the “Entrants”). Employees, officers and representatives of Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void outside of Florida and where prohibited or restricted by law.
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 (as defined below) is contingent upon fulfilling all requirements set forth herein.
TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on October 18, 2013 and ends at [12:00am] ET on [January 10th, 2014] (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entry methods are as follows:
Eligible Entrants can enter the Sweepstakes (during the Sweepstakes Period) by going on-line and visiting http://latin-motors.com (“Website”) and completing the Sweepstakes Entry Form. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. By completing the Sweepstakes Entry Form, an Entrant will receive one (1) Sweepstakes Entry Certificate at time of registration at www.latin-motors.com. In order for the Entrant to be entered into the Sweepstakes the Entrant must bring their Sweepstakes Entry Certificate to Latin Motors. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry as the Entrant must, in person, bring their Sweepstakes Entry Certificate to Latin Motors in order to be entered into the Sweepstakes. Initial internet entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. The Sponsor is not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries.
Limit one (1) entry per person throughout the Sweepstakes Period. Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, 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, 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. 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 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.
DRAWING AND NOTIFICATION: Prize drawings will be conducted by the Sponsor, or Sponsor’s authorized agent, whose decisions are final and binding. During the entire term of the Sweepstakes Period a drawing will be held at the end of each week to draw one (2) Entrant’s name from all entries entered during the given week. Each Entrant drawn during each of the ten (10) weeks will receive a car key which they are to retain. Any Entrant that was not picked to receive a car key during a given week will be eligible to receive a car key in the subsequent week’s drawing. On January 22, 2014 all Entrants who received a key will have to attend an event (“Event”) to be held on TV wherein they will be given the opportunity to start a 2013 Fiat 500 (“the Car”). Should their key start the Car (only 1 key out of the 20 keys issued will start the Car) they will be deemed the winner of the Sweepstakes. The interior and exterior colors and all vehicle options (if any) are the Sponsor’s sole discretion. Pictures, display vehicles or other representations of any vehicle used in connection with this Sweepstakes are not depictions or promises of the Car 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 winner of the Sweepstakes must possess automobile insurance required prior to receiving prize. Any costs associated with registration and licensing of the automobile are the sole responsibility of the Sweepstakes winner. The Sweepstakes winner is also responsible to pay the Sponsor a dealer fee equal to $699.00 and taxes for the vehicle. The Car has an approximate retail value (“ARV”) of $[13,000]. The Sweepstakes winner may choose to receive $10,000.00 from Latin Motors instead of the Car. If the Entrant chooses to receive the Car, the Entrant agrees that they will leave the wrap that is currently on the Car, which advertises Latin Motors, for a period of one (1) year. Should the Entrant remove the wrap that is on the Car prior to the expiration of one (1) year, the Entrant must return the Car to Latin Motors. Odds of winning will depend on the total number of eligible entries received throughout the Sweepstakes Period at Latin Motors.
If the Sweepstakes winner does not attend the Event at the time and place identified by the Sponsor, he/she will forfeit their prize.
PRIZES & PRIZE CONDITIONS: No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available. Limit one (1) prize per person per household. By accepting any prize, the Sweepstakes winner agrees to release and hold harmless the Sponsor and live TV station from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize in question. All Prize winners will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The Sweepstakes winner must note that the value of their accepted prize is taxable as income and an IRS Form 1099 will be filed in their name for the value of their prize which will indicate the Sweepstakes social security number. The winners are solely responsible for all matters relating to their prize after it is awarded.
ADDITIONAL CONDITIONS: All Entrants, where permitted by law, grant to those acting pursuant to the authority of Sponsor and the Sponsor, the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time an Entrants 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 SPONSOR OR THOSE ACTING PURUSANT TO THE AUTHORITY OF THE SPONSOR 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 OR THE USE OR MISUSE OF THE ENTRANTS LIKNESS IN ALL MEDIA.
By participating, Entrants release and agree to hold harmless the those acting pursuant to the authority of Sponsor and the Sponsor 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). All Prize winners also acknowledge that those acting pursuant to the authority of Sponsor and the Sponsor 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 accepted.
DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) 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; 2.) 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 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All Entrants waive their rights to participate in a class action lawsuit against Sponsor or those acting on authority of Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with Florida law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Miami-Dade County Florida, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER LIST REQUEST: To request the names, cities, and states of residence of the prize winner, please send a self-addressed, stamped business size envelope, by February 28, 2014], to: [3199 NW 36th St. Miami, FL 33142].