THE 2009 AUTOTRADER.COM ULTIMATE TICKETS AND TAILGATE GIVEAWAY
OFFICIAL RULES
NO PURCHASE 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 WHERE PROHIBITED.
1. ELIGIBILITY: The AutoTrader.com Tickets and Tailgate Giveaway (the "Promotion") is open to legal residents of Maine, New Hampshire, Vermont, Massachusetts and Rhode Island who are 18 years of age or older at the time of entry. Employees of AutoTrader.com, Inc. ("Sponsor"), the New England Patriots, or any of their respective parent companies, affiliates, subsidiaries, or advertising and promotional agencies, or any other parties involved in any aspect with the creation, production, operation, execution, or fulfillment of this Promotion, and the respective officers, directors and agents of each of the foregoing entities, and members of the immediate families (defined for these purposes as including parents, spouses, children, siblings and grandparents, regardless of where they reside) or households (whether related or not) of any such person, are not eligible to participate.
2. HOW TO REGISTER AND WIN:
(a) How to Register. The Promotion will begin at 12:00:00 a.m. Eastern Time ("ET") on September 14, 2009 and will end at 11:59:59 p.m. ET on December 31, 2009 (the "Promotion Period"). To enter, visit www.autotrader.com/tailgate, complete all required information on the official entry form (including your first and last name, gender, zip code, phone number, age and email address) and follow all online prompts to submit an entry. Limit one (1) entry per day per person and per email address during the Promotion Period.
(b) Grand Prize Drawing. The Grand Prize Drawing will be conducted on or around January 14, 2010 and one (1) Grand Prize winner will be selected from among all eligible entries received during the Promotion Period. Grand Prize winner must comply with all prize claim requirements described in Section 4, below.
(d) General Entry Restrictions. Sponsor reserves the right to void any entry made through any robotic, automatic, mechanical, programmed or similar entry method and to disqualify any individual using such a method. In the event of a dispute over the identity of an entrant, all registration information and website log-ins will be deemed made by the authorized account holder of the email address submitted with the registration information or log-in. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Proof of being the authorized account holder may be required. Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with the entry process or the Promotion website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Promotion judges appointed by Sponsor. All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the authorized account holder of an email address shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Promotion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY PROMOTION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
3. GRAND PRIZE DESCRIPTION / ODDS OF WINNING: One (1) Grand Prize will be awarded in the Promotion. The Grand Prize consists of two (2) season tickets to all 2010 New England Patriots home games, as well as the ultimate tailgate package. Approximate retail value of the Grand Prize package is $5,462.64. The ultimate tailgate package includes the following items:
The odds of winning the Grand Prize will depend on the number of eligible entries received during the Promotion Period. All expenses related to accepting and use of the Grand Prize will be the responsibility of the winner. Winner may waive his or her right to receive the Grand Prize. The Grand Prize is nonassignable and nontransferable. No substitutions or cash equivalents allowed, except that prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. The winner is solely responsible for reporting and payment of any taxes (including income taxes) on prizes. Any prize, or portion thereof, 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.
4. PRIZE CLAIM PROCEDURES AND CONDITIONS: The award of the Grand Prize is subject to verification of the potential winner's eligibility and compliance with these Official Rules. The Grand Prize winner will be contacted at the telephone number and/or email address submitted with his or her registration information. Sponsor will attempt to contact the selected Grand Prize winner within twenty-four (24) hours after the Grand Prize Drawing. Sponsor may call or email only once, and no voicemail messages will be left if Grand Prize winner does not answer the telephone call. If the selected Grand Prize winner is found to be ineligible, cannot be reached by Sponsor within twenty-four (24) hours after the Grand Prize Drawing, fails to timely respond to any prize notification, or otherwise declines or forfeits the prize for any reason, or if a prize notification is returned as undeliverable, a substitute winner will be randomly drawn from among all remaining eligible entries and the substitute Grand Prize winner will be contacted in the manner described above. To be eligible to claim the Grand Prize, the Grand Prize winner must possess a valid photo id proving he or she is at least eighteen (18) years of age and must promptly provide Sponsor with (i) a photocopy of his or her photo identification for age verification (ii) an executed Affidavit of Eligibility and Liability/Publicity Release (except where prohibited by law); and (iii) a completed W-9 form for tax reporting purposes. If the selected Grand Prize winner fails to return any required documents within the specified time period, that winner will be disqualified and will forfeit his or her interest in the Grand Prize and Sponsor may select a substitute Grand Prize winner from among all remaining eligible entries. Acceptance of a prize constitutes the winner's permission for the Sponsor and each of its designees to use his or her name, city and state of residence and/or likeness and prize information for purposes of advertising, publicity and trade in commerce and in any and all media now or hereafter devised worldwide in perpetuity without limitation or further compensation, notification or permission, except where prohibited by law.
5. PARTICIPATION CONDITIONS: By participating in the Promotion and/or using the Promotion website, each entrant agrees: (i) to abide by and be bound by these Official Rules and Sponsor's privacy policy (http://www.autotrader.com/privacy.jsp); (ii) that the decisions of the Sponsor are final and binding in all matters relating to the Promotion; and (iii) to release and hold harmless the Sponsor, the New England Patriots and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") from and against any and all liability for injuries, losses, or damages of any kind sustained in connection with the use, acceptance, possession or awarding of any prize or participation in the Promotion or in any prize-related activities. These Official Rules are governed by the laws of the state of Georgia and all claims must be resolved in the appropriate courts in that State.
6. LIMITATIONS OF LIABILITY: Released Parties are not responsible for: (i) electronic transmissions, entries, or prize claims that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, undelivered, inaccurate or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries or prize claims; (iii) destruction of or unauthorized access to, or alteration of, entries or prize claims; or (iv) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants' or any person's computer and/or its contents, or any other causes that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion. All incomplete or otherwise non-conforming entries and prize claims will be disqualified or voided. Released Parties are further not responsible for: (i) incorrect or inaccurate registration, entry or prize claim information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion or for any other errors of any kind, whether technical, network, printing, typographical, human or otherwise, relating to or in connection with the Promotion, the processing of plays, entries or prize claims, the announcement of the prizes or in any Promotion-related materials; or (ii) misrepresentation, cheating or fraud by any entrant. If, for any reason, the Promotion is not capable of being executed as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Promotion. If the Promotion is terminated in whole or in part, before the designated end date, Sponsor reserves the right, at its sole discretion, to award any unclaimed prizes in a random drawing from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including but not limited to direct, indirect, incidental, consequential or punitive damages arising out of or in connection with access to and/or use of the Promotion website. Some jurisdictions may not allow limitations or the exclusions of liability for incidental or consequential damages; therefore, some of the aforementioned limitations or exclusions may not apply depending on your place of residence.
7. CONSTRUCTION: The invalidity or unenforceability of any provision of these 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 rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
8. WINNERS LIST: For the names of the winners, send a self-addressed stamped, #10 envelope to: AutoTrader.com, Marketing, 5775 Peachtree Dunwoody Rd., Suite A-100, Atlanta, GA 30342, Attention: "J. Towns, 2009 Tickets and Tailgate Giveaway Winners List Request." Winners lists will be sent after the Promotion ends and all properly claimed prizes are awarded.
9. SPONSOR: The Promotion is sponsored by AutoTrader.com, Inc. The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects.