Drive Away Sweepstakes. Presented by Porsche & New Balance

Transcription

1 Official Rules Drive Away Sweepstakes Presented by Porsche & New Balance NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID OUTSIDE OF NEW YORK, NEW JERSEY, CONNECTICUT AND WHERE PROHIBITED. 1. Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the Terms and Conditions of the Drive Away Sweepstakes, (the Sweepstakes. All entries must be received in the manner described in these Official Rules during the Sweepstakes Period (defined below) to be eligible for the prize. 2. SPONSORS: Porsche Cars North America, Inc. (One Porsche Drive, Atlanta, GA 30354) and The New Balance Company (140 Guest Street, Boston, MA 02135) (collectively, Sponsor ) 3. ELIGIBILITY: Sweepstakes is open and offered only to legal residents of New York, New Jersey, and Connecticut, who, as of July 1, 2018: (a) are at least twenty-one (21) years of age; (b) possess a current and valid driver s license. Employees, officers, and directors of Sponsor, Sterling Mets, L.P., the other MLB Entities (defined below) and each of their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies, any other persons or entities involved in the development and/or administration of this Sweepstakes (collectively, the Sweepstakes Entities ) and the immediate family members (parent, child, sibling, or spouse) and/or household members (whether or not related) of such Sweepstakes Entities are not eligible to participate in this Sweepstakes. The MLB Entities shall mean the Office of the Commissioner of Baseball ( BOC ), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ( MLBAM or MLB.com ), Major League Baseball Properties, Inc., BAMTech, LLC, The MLB Network, LLC, the Major League Baseball Clubs ( Clubs ), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. To enter this Sweepstakes and/or receive a prize, you must fully comply with these Official Rules, and by participating in this Sweepstakes, you agree to abide by and be bound by these

2 Official Rules and the decisions of Sponsor and their designees, whose decisions shall be binding and final in all respects relating to this Sweepstakes. 4. SWEEPSTAKES PERIOD: Sweepstakes begins at 09:00:00 AM Eastern Time ("ET") on July 8, 2018 and ends at 11:59:59 PM ET on August 31, 2018 ("Sweepstakes Period"). Eastern Time shall control for all purposes of this Sweepstakes. Sponsor's clock shall be the official time-keeping device for all purposes of this Sweepstakes. 5. HOW TO ENTER: To enter visit during the Sweepstakes Period and follow the instructions provided to complete and submit the Official Entry Form to receive one (1) entry. All entries must be received by 11:59:59 pm ET on 8/31/18 to be eligible. 6. ENTRY GUIDELINES: Limit one (1) entry per person regardless of number of s received and entry forms submitted. Submission of multiple entries by or on behalf of the same person will result in ineligibility with respect to all entries submitted by or on behalf of that person. Entry must be submitted by the entrant, the person to whom the was addressed, which is subject to verification by Sponsor. Once submitted, entries cannot be deleted, canceled, or modified. All entries must be received during the Sweepstakes Period, as defined above. Incomplete and/or incorrect registration information or entries will be voided and ineligible for a prize. Proof of submission will not be deemed proof of receipt by Sponsor. In the event of a dispute over the identity of an entrant or potential winner, the entry will be deemed to have been made by the authorized account holder of the address to which the was sent, and the potential winner may be required to provide identification sufficient to show that s/he is the authorized account holder. 7. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Sweepstakes represents and warrants that s/he will abide by and comply with these Official Rules. Sponsor reserve the right, in their sole discretion, to disqualify any participant that they believe does not comply with these Official Rules, or that is not acting consistent with the spirit or theme of this Sweepstakes. Each entrant hereby agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of entrant hereunder. 8. WINNER SELECTION: One (1) potential winner will be selected in a random drawing conducted on or about September 3, 2018 from among all the eligible entries. By entering, entrants agree to be bound by these Official Rules and to the decisions of the Sponsor, which will be final and binding in all respects.

3 9. PRIZE: The prize consists of an invitation (for winner and a guest) to travel from NYC to Boston for an exclusive experience. The prize includes a thirty-six (36) hour use of a Porsche vehicle from a to-be-determined Tri-state area authorized Porsche dealership; one night hotel accommodations (one room); two (2) tickets for the Mets vs. Red Sox at Fenway Park on Saturday, 9/15/2018, including access to attend pregame batting practice; autographed Mets merchandise; VIP tour of New Balance s world headquarters; two (2) customized pairs of New Balance sneakers; and two (2) gift bags containing Porsche, New Balance, and Mets branded items. Approximate Retail Value (ARV) of the prize: $1, All other expenses not specifically mentioned herein are the sole responsibility of winner. Winner s guest must be 21 years of age with a valid driver s license to drive the Porsche vehicle. The prize is non-transferable and is not redeemable for cash. Winner is responsible for all taxes associated with prize receipt and/or use. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. The winner and his/her guest may be required to execute an affidavit of eligibility and/or liability/publicity release (collectively, Affidavit and Release ). Such documents must be signed and returned within seven (7) business days of receipt or as otherwise directed by Sponsor, unless prohibited by applicable law. Failure of any selected winner (or his/her guest) to complete, sign and return any requested documents within the applicable period may result in disqualification and forfeiture of the prize or selection of an alternate winner in Sponsor s sole discretion. 10. ODDS: Odds of winning the prize depend on the number of eligible entries received. 11. WINNER NOTIFICATION: Potential winners will be notified at the telephone number and/or address provided in their entry. If a potential winner does not answer his/her phone (or is otherwise unavailable during initial contact attempt), no message will be left and no further attempt to contact such individual will be made and that individual will be disqualified and an alternate potential winner may be chosen, time permitting and at Sponsor s sole discretion. 12. PRIZE REDEMPTION: To redeem the prize, winner must contact Sponsor s designated representative pursuant to the directions included in the notice to coordinate travel dates with Sponsor. Winner may be issued an IRS Form 1099 for the retail value of the Grand Prize and is advised to seek independent counsel regarding the tax implications of prize winnings. All local, state, and federal taxes are solely the responsibility of the winner. No substitution, transfer, or exchange of the prize or portion of the prize or election of cash in lieu of the prize or portion of the prize will be permitted. The prize is subject to availability, and Sponsor reserves the right, in their sole discretion, to substitute any portion of the prize with another prize of equal or

4 greater value (or cash equivalent) in the event that the prize (or any portion thereof) is not available. 13. PUBLICITY: Except where and as may be prohibited by law, participation in Sweepstakes and acceptance of the prize constitutes express permission of winner for Sponsor and those acting pursuant to the authority of Sponsor and the MLB Entities to use the winner s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation. 14. GENERAL CONDITIONS: This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Sweepstakes Entities are not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error, which may occur in the processing of the Sweepstakes entries. Sweepstakes Entities are not responsible for any errors, omissions, interruptions, or deletions of any kind whether human, mechanical, or electronic or for any damage to any person s computer, phone, tablet, or other device related to participation in the Sweepstakes. By participating in this Sweepstakes, entrants waive any right to claim ambiguity in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserve the right, in their sole discretion, to modify, cancel, or suspend this Sweepstakes and award the Grand Prize in accordance with the winner selection process described above from among all eligible entries received as of such date should fraud, virus, bugs, or other causes beyond Sponsor s control corrupt the administration, fairness, proper play or security of the Sweepstakes. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserve the right, in their sole discretion, to disqualify any individual they find to be attempting to tamper with or undermine the entry process, any website associated with this Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the

5 Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury 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, use, or misuse of any prize. 15. LIMITATIONS OF LIABILITY: By participating in this Sweepstakes and/or accepting a prize, each participant agrees to release Sweepstakes Entities from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Sweepstakes or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of any prize awarded. IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY 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, MISUSE, OR NONUSE OF A PRIZE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 16. DISPUTES/GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrants, Sponsor, and other Sweepstakes Entities in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Georgia. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Georgia, 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 and/or this Sweepstakes. 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. 17. USE OF DATA: Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected by Sponsor and used by Sponsor

6 and their designees for purposes of the proper administration and fulfillment of this Sweepstakes as described in these Official Rules. In addition, by entering this Sweepstakes, entrants agree to Sponsor s use of entrant's personal information as described in Sponsor s Privacy Policy, which is found at Sponsor s Privacy Policy may be updated from time to time without notice. Sponsor may use entrants information to send marketing communications regarding promotional offers and product information. 18. DISCLOSURE OF WINNER: To request the name (first name and last initial) and city/state of residence of the Winner, please send a self-addressed, stamped business size envelope, for receipt by 12/31/2018 to: Porsche Cars North America, Inc., 1 Porsche Drive, Atlanta, Georgia 30354, Attention: Marketing Department Porsche Cars North America, Inc. All rights reserved. All trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries. This Sweepstakes is not sponsored, administered, produced or executed by any MLB Entity. Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.