Day Behind the Wheel
Day Behind The Wheel Social Media Giveaway
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility: Subject to the additional restrictions below, the Acura of Escondido Social Media Giveaway (the “Giveaway”) is open solely to legal residents of California who are at least 18 years old at the time of entry and the age of majority in their jurisdictions of residence. Employees of Acura of Escondido (“Sponsor”), and each of its respective parent, affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. This Giveaway is subject to all applicable federal, state, and local laws and regulations.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by the Giveaway Sponsor.
3. How to Enter: The Giveaway will begin on November 8, 2024, at 12:00 a.m. Pacific Time (“PT”) and end on November 29, 2024 11:59:59 a.m. ET (the “Giveaway Period”). Sponsor will be the official timekeeper for the Giveaway. During the Giveaway Period, you may enter the Giveaway as follows: Use your Facebook account to follow @AcuraofEscondido (www.facebook.com/AcuraofEscondido/), “LIKE” the official Giveaway post, and leave a comment on the official Giveaway post by the end of the Giveaway period.
The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and as such, all participants, entrants, winners or the like, hereinafter participating in this Giveaway agree to forever hold harmless and release Facebook as a party to this Giveaway.
Limit one (1) entry per person during the Giveaway Period. By participating in the Giveaway, you agree to be bound by Sponsor’s Terms of Service (https://www.acuraescondido.com/privacy) and Sponsor’s Privacy Statement (https://www.acuraescondido.com/privacy) which are hereby incorporated by reference.
Entries by means of software-generated or other automated processes will be disregarded. The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of prizes will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically-reproduced, lost, late, misdirected, garbled or illegible entries will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Giveaway application service provider. In the event of a dispute, Sponsor will determine who submitted the disputed entry in its sole discretion. Only entries with a public Facebook profile are eligible as private Facebook profiles will not be recognized during the random drawing process.
All entries become the property of Sponsor and none will be returned. Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Giveaway.
4. Winner Selection and Odds
On November 30, 2024 Sponsor will select one (1) potential winner via random drawing from among all eligible entries received during the Giveaway Period.
Odds of winning will vary depending on number of eligible entries received during the Giveaway Period.
5. Prize Description
Prize: Subject to verification of eligibility and compliance with these Official Rules, the Winner will receive the use of an Acura ZDX for a day (24 hour period) (restrictions apply).
The total approximate retail value (“ARV”) of the Prize awarded: $250
Limit: one (1) Prize
6. Winner Notification
The potential winner will be notified within approximately five (5) days of the drawing date via email to the email address associated with the account used for entry of the Giveaway.
In order to claim a Prize, potential winner must respond to Sponsor’s notification within forty-eight (48) hours of notice or attempted notice. Potential winner may be required to complete an affidavit of eligibility, tax form(s), and a liability and publicity release (except where prohibited by law), which must be notarized and returned within seven (7) days of notification.
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a Prize notification, the return of any Prize notification as undeliverable, and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, may result in the potential winner’s disqualification and the selection of a substitute winner by a random drawing from among all remaining eligible entries received during the Giveaway Period. Sponsor will conduct up to two (2) alternate drawings, after which the Prize will remain unawarded as permitted by law.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.
A winner may waive the right to receive a Prize. Prize is non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prize and individual components of Prize package are subject to availability. Sponsor reserves the right to substitute Prize or components of Prize package with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a Prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a Prize. Winner is solely responsible for all federal, state and local taxes on Prize value and, as applicable, will be issued an IRS Form 1099 based on the Prize value determined by Sponsor. Winner may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”). Prize not won and claimed by an eligible winner in accordance with these Official Rules will not be awarded and will remain the property of Sponsor. Prize is subject to any restrictions imposed by the issuer, including expiration date, if any.
7. Publicity: Except where prohibited, acceptance of any prize constitutes the winner’s irrevocable consent to the publication or other use by Sponsor and its licensees of his or her name, biographical information, dealership name and address, and likeness in any and all media now or hereafter devised, including the Internet, worldwide in perpetuity, for any commercial, publicity or Giveaway-related purpose (“Advertising”), without notice, limitation, review or approval, or additional compensation. Potential winner will be announced on the Site as soon as they are selected and by entering this Giveaway, participants consent to such disclosure. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor or its licensees and winner hereby disclaims and waives any claim of right to such Advertising.
8. Conduct: By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any sweepstakes administrators selected by Sponsor, which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify persons found tampering with or otherwise abusing any aspect of this Giveaway as solely determined by Sponsor. Sponsor reserves the right to cancel or modify the Giveaway for any reason, including, but not limited to, in the event the Giveaway is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness, integrity or proper operation of the Giveaway as determined by Sponsor, in its sole discretion. Should the Giveaway be terminated prior to the stated expiration date, Sponsor reserves the right to award Prize based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY 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 (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Release: BY PARTICIPATING IN THE GIVEAWAY, EACH PARTICIPANT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE GIVEAWAY, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM
WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE GIVEAWAY; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE GIVEAWAY OR ANY PRIZE.
10. Limitations of Liability: BY PARTICIPATING IN THE GIVEAWAY, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE SITE AND THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE GIVEAWAY; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE GIVEAWAY; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE GIVEAWAY, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE GIVEAWAY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
PARTICIPANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF RELEASED PARTIES OR ANY PART OF THE GIVEAWAY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
PARTICIPANTS FURTHER AGREE THAT THE RELEASED PARTIES’ TOTAL LIABILITY TO ANY PARTICIPANT FOR CLAIMS ARISING FROM OR RELATED TO THIS GIVEAWAY IS LIMITED TO $250 (U.S. DOLLARS).
Only the number of Prizes stated in these Official Rules is available to be won in the Giveaway. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the Prizes by a random drawing among all legitimate eligible Prize claims.
11. Construction: 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 such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the specific district or the appropriate State Court located in the appropriate county in California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Sponsor and Administrator: The Giveaway is sponsored and administered by Acura of Escondido, 1700 Auto Park Way N, Escondido, CA 92029. The decisions of Sponsor regarding the selection of the winner and all other aspects of the Giveaway shall be final and binding in all respects. Neither Sponsor nor administrator will be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Giveaway.
13. Winners List: To request the name of the winners by mail (available after December 5, 2024) send a self-addressed envelope with return postage affixed for receipt no later than December 20, 2024, to Acura of Escondido Social Media Giveaway, 1700 Auto Park Way N, Escondido, CA 92029. The name will be sent when the drawing has been conducted and the winner verified.