Top Gear Track Day Sweepstakes – Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: Top Gear Track Day Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old, and have both a valid U.S. driver's license and passport at the time of entry. Employees of AdGent Digital Inc., ("Sponsor"), Jaguar Land Rover North America, LLC ("Jaguar"), Jaguar dealerships, Spark44, MindShare Interaction, Immediate Media Company, BBC Worldwide, ePrize, LLC, and their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of the employees of each such company listed, where or not related, are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: AdGent Digital Inc., 540 University Avenue, Suite 300, Palo Alto, CA 94301. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
- Timing: The Sweepstakes begins on May 9, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on July 1, 2012 at 11:59 p.m. ET (the "Promotion Period"). BBC Worldwide's computer is the official time-keeping device for the Sweepstakes.
- How to Enter: During the Promotion Period, visit www.topgear.com/JaguarUSA and follow the links and instructions to complete and submit the registration form including a valid email address and home address. You automatically will receive one (1) entry into the Sweepstakes. Limit: You may enter one (1) time during the Promotion Period. 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 methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate or subvert the entry process is prohibited and will result in disqualification and all associated entries will be void. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant and he/she must comply with these Official Rules. 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. Each potential winner may be required to show proof of being an authorized account holder.
- Grand Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around July 9, 2012. The potential winners will be notified by email. Each potential Grand Prize winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (except where prohibited), as well as provide copies of both a valid U.S. driver's license and passport. Each potential Grand Prize winner will also be required to sign and return release documents provided by BBC Worldwide required for participation in track driving experience. All of these required documents must be received by Administrator, within three (3) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted within a reasonable time period or is not in compliance with these Official Rules, or fails to sign and return the Declaration of Compliance, Liability and Publicity Release and other required documents within the stated time period, the potential winner will be disqualified and forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, time permitting, after which the prize will remain unawarded.
- Prizes: THREE (3) GRAND PRIZES: A trip for winner and a guest to London, England with an opportunity for a Top Gear Jaguar track driving experience on or around August 23, 2012. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner's home (determined by Sponsor in its sole discretion) to London, England; three (3) nights' standard accommodations in Central London) at a hotel determined by Sponsor in its sole discretion (one (1) room, double occupancy); ground transportation to and from airport and hotel and to and from hotel to Dunsfold Park Race track; and Top Gear Jaguar driving experience for the winner and guest (if a licensed driver) at Dunsfold Park Race track in Cranleigh, Surrey. There is inherent risk associated with this aspect of the prize and winners and guests will not be permitted to participate without signing liability waiver documents. Dates will be determined by Sponsor in its sole discretion but trip must take place within one (1) year of prize awarded. Winner must travel on dates specified by Sponsor that are necessary to participate in driving experience or prize will be forfeited. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above as being provided, including but not limited to, additional ground transportation, meals, incidentals, luggage fees, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be 21 years of age or older as of the date of departure, must have a valid U.S. driver's license if he or she would like to participate in the track driving experience and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases and if a licensed driver interested in participating in track driving experience any documents required by BBC Worldwide prior to issuance of travel documents. Winners and their travel companions must already have a valid passport and any other documents necessary for international travel. Grand Prize winner may be required to provide to the hotel a valid credit card to cover any expenses in excess of room rate and tax. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the Jaguar race experience is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no compensation or substitution will be provided except as in Sponsor's sole discretion. Approximate Retail Value ("ARV"): $8,550.00 each. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable or redeemable for cash and no substitution will be made except as provided herein at the Sponsor's sole discretion. Prizes are awarded "as is" with no warranty or guarantee, either express or implied. Sponsor reserves the right to substitute the prize (or a component thereof) for one of comparable or greater value, at its sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
Total ARV of all prizes: $25,650.
- Release: By entering the Sweepstakes, entrants agree to release and hold harmless AdGent Digital, Jaguar, Jaguar Dealerships, Spark44, MindShare Interaction, Immediate Media Company, BBC Worldwide, Administrator, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel or activity-related thereto).
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner's consent to Sponsor's, Jaguar's and their respective agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for advertising and promotional purposes in any and all media, worldwide in perpetuity, in any manner, without further payment or consideration. Furthermore, each winner understands that Sponsor and Jaguar and/or their respective agents will video and photograph and otherwise record aspects of the winners' redemption of the Prizes, including the Top Gear Jaguar driving experience ("Prize Footage"). Winner agrees that Sponsor and/or Jaguar (as applicable) shall own the Prize Footage and that Sponsor, Jaguar and their respective designees, assigns and licensees shall have the right to edit, exploit, adapt, distribute, post, create derivative works of, and otherwise use the Prize Footage, in whole or in part, and in combination with other materials, in any manner, for any advertising, promotional, trade, commercial or other purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, award the prizes at random from among all non-suspect, eligible entries received up to time of such action. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (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.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, typographical, printing or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) other errors or problems of any kind relating to or in connection with the Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Sweepstakes or the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, incomplete, inaccurate, delayed, misdirected, garbled, damaged or stolen entries or mail; or (6) 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 or use or misuse of any prize (including any travel or activity-related thereto). If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. 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 only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
- Winners List: For a winners list, visit http://bit.ly/uOTNuc. The winners list will be posted after winner confirmation is complete.
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