Of?cial Drawing Rules:
THE “Ron Carter Truck Give-A-Way Drawing" (THE “DRAWING”) IS VOID WHERE
PROHIBITED BY APPLICABLE LAW. NO PURCHASE IS NECESSARY TO ENTER OR WIN.
BY ENTERING THE DRAWING, EACH ENTRANT ACCEPTS AND AGREES TO BE BOUND
BY THESE OFFICIAL DRAWING RULES (THE “RULES”). THESE RULES CONSTITUTE A
LEGALLY BINDING AGREEMENT BY AND BETWEEN EACH ENTRANT AND THE SPONSOR NOTED BELOW AND GOVERN EACH ENTRY IN THE DRAWING.
1. SPONSOR: The Drawing is sponsored by: (i) Ron-Carter Ford, Inc., a Texas corporation, d/b/a Ron Carter Chrysler Jeep Dodge and Ron Carter Ford, (ii) Alvin Autoland, Inc., a Delaware corporation d/b/a Ron Carter Autoland, Ron Carter Buick, Ron Carter GMC and Ron Carter Chevrolet.
2. DRAWING ENTRY PERIOD: The entry period for the Drawing begins at 8:30 a.m. on Tuesday, March 1, 2016, and ends at 8:00 p.m. on Thursday, May 31, 2016 (the “Entry Period”). For the purposes of these Rules, all times of day refer to Central Standard Time. Entrants may enter the Drawing only by the method described in Paragraph 5 below.
3. ELIGIBILITY: The Drawing is open to all legal residents of the State of Texas (the “Drawing Territory") who are 18 years of age or older at the time of entry and have a valid Texas Driver’s License or Military ID (“Entrant"). Employees of the Sponsor, its parent, subsidiaries, affiliates, and all advertising, marketing, printing or promotional agencies involved with the Drawing, and each of such employee’s immediate family members (parent, child, sibling, or spouse) or persons living in the same household of each such employee (whether related by blood/marriage or not) are not eligible to participate or win. Participation in the Drawing constitutes each Entrant‘s full and unconditional representation of his/her lawful age and eligibility, as well as acceptance of and adherence to these Rules in all-respects. The Winner (as defined below) will be required to provide his/her social security number for tax purposes and sign an affidavit of eligibility (except where prohibited by applicable law) affirming his/her agreement to, and compliance with, all terms, conditions, and requirements of these Rules. By entering the Drawing, each Entrant consents to be contacted by Sponsor by email or telephone. The Drawing is subject to all applicable federal, state and local laws and regulations.
ONLY ONE (1) ENTRY PER PERSON IN THE DRAWING WILL BE PERMITTED. ENTRIES
IN EXCESS OF ONE (1) PER PERSON AND ALL ENTRIES THAT DO NOT INCLUDE ALL
REQUESTED INFORMATION WILL BE INELIGIBLE AND DISCARDED.
4. DRAWING DESCRIPTION: In accordance with Paragraph 6 below, the Sponsor will randomly select the winner in a drawing to be held live and in person on Monday, June 6, 2016 at 5:00 p.m. sharp (CST) Central Standard Time at Ron Carter dealership located in Alvin TX. Sponsor will notify the person who wins the Drawing (the “Winner") within twenty-four (24) hours of the Drawing at the telephone number and/or email address provided with its entry. The Winner must claim the prize in person by taking personal delivery of one (1) of the trucks described in Paragraph 10 below as Winner's prize (if so selected), or alternatively, if Winner acquired a new motor vehicle from Sponsor during the Entry Period, by coordinating with Sponsor to cause the Winner to apply the Loan Payment towards the amount of any purchase money financing on any vehicle so acquired (if so selected) on or before the seventh (7th) day following the Drawing, and any failure to do so by such time will result in the Winner’s forfeiture of the prize.
5. HOW TO ENTER: Entrants may enter the Drawing during the Entry Period only by personally visiting any of the following Ron Carter dealerships located in Alvin, Texas, and submitting a fully completed Drawing entry form:
Dealership Name: Dealership Location:
Ron Carter Autoland (Chevrolet,GMC,Buick) 3205 FM 528,Alvin, Texas 77511
Ron Carter Chrysler Jeep Dodge 3205 FM 528,Alvin, Texas 77511
Ron Carter Ford 3005 FM 528,Alvin, Texas 77511
All Entrants will be required to provide in the entry form their full name, address, telephone number, e—mail address, and date of birth. All entries become the property of the Sponsor, and the Sponsor reserves the right, in its sole and absolute discretion, to use any and all information submitted by Entrants for any reason permitted by applicable law. Sponsor is not responsible for lost, late, illegible, misdirected or mutilated entries, on account of any reason or cause whatsoever including, but without limitation, human error, or any other error or malfunction of any kind or character. Entries that have been tampered with or altered in any way are void and of no effect.
6. WINNER SELECTION: A single Entrant will be randomly selected by a random drawing from all eligible and properly completed entries received during the Entry Period in the manner specified in Paragraph 5. This Entrant need not be present to be eligible to be drawn as the Winner at the Drawing; however, the prize must be claimed within the time period specified below in Paragraph 4.
7. ENTRY SPECIFICATIONS: There is no fee to enter the Drawing. Each entry must be made in person at one (1) of the dealerships described in Paragraph 5 by the person named on the entry form. Each entry form must specify only one (1) eligible Entrant.
8. WARRANTIES AND CONSENTS: By submitting an entry, each Entrant: (a) represents and warrants to the Sponsor that (i) the Entrant has read, and agrees to be bound by, these Rules, (ii) based on these Rules, the Entrant is eligible to participate in the Drawing, (iii) all of the information provided as part of the Entrants entry is accurate, does not infringe upon or otherwise violate any right (including without limitation rights of privacy and publicity) of any person, entity, or any applicable law, rule or regulation in any part of the Drawing Territory; (b) the Entrant consents to the use of the Entrant's name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or
hereafter developed), without additional compensation or authorization unless prohibited by applicable law; and (c) the Entrant agrees to be bound by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, and which such interpretations shall be ?nal and binding with respect to all matters relating to the Drawing; and (d) the Entrant acknowledges that the Sponsor reserves the right, in its sole and absolute discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Rules.
Any violation or breach of these representations or warranties by an Entrant will disqualify the Entrant from the Drawing and may subject the Entrant to penalties and damages under applicable law.
9. ODDS OF WINNING: THE ODDS OF BEING THE WINNER DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE ENTRY PERIOD. THERE WILL ONLY BE ONE (1) WINNER.
10. PRIZE: The Winner will be entitled to select, as the Winner’s prize, one (1) of the following trucks:
Year Make Model Other Stock Number MSRP
2016 GMC Sierra Crew Cab 160778 $43,720.00
2016 Chevrolet Silverado Crew Cab 160861 $44,040.00
2016 Ram 1500 Crew Cab F160897 $44,310.00
2016 Ford F-150 Super Crew F161292 $43,420.00
The stated retail value of each such truck is stated above as the MSRP, which is the respective manufacturer's suggested retail price for such truck. Alternatively, if, and only if, Winner purchased a new motor vehicle from the Sponsor during the Entry Period which was financed, then in that event Winner may elect, in lieu of its choice of one (1) of the trucks above specified,
to have Sponsor pay toward Winner’s purchase money financing by which Winner acquired the vehicle so purchased from Sponsor, up to a maximum payment of $35,000.00 (the “Loan Payment"). Only one (1) prize may be chosen by Winner.
The Winner will not receive any difference between actual and approximate retail value or actual cash value of the prize. The Winner may not exchange or redeem the vehicle from the Sponsor for cash, trade or any other consideration. No prize transfer, assignment, or substitution by the Winner is permitted. The Sponsor reserves the right to substitute the prize, in which case a prize of equal or greater value will be awarded. All manufacturer incentives on the truck selected as Winner's prize, including rebates, promotions, dealer cash, discounts, credits and the like shall belong solely and exclusively to Sponsor.
If Winner elects to cause Sponsor to make a Loan Payment of up to $35,000.00 toward Winner‘s purchase money loan as provided above, Sponsor shall (i) only apply such amount to one (1) new, unused vehicle that was titled under Winner’s name at the time of purchase during the Entry Period, (ii) not apply to any used, pre-owned vehicle acquired by Winner, (iii) receive the assistance of Winner and any failure to provide assistance and cooperation by Winner shall result in forfeiture of the prize, and (iv) make any such payment directly to the lender on Winner's behalf.
If the Winner selects a vehicle as his/her prize, the Winner must accept the vehicle as awarded. No prize is transferable. The Winner is solely responsible for any and all taxes, fees and/or costs associated with taking ownership of the prize. The Winner is solely responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the receipt of the prize, and will and hereby does hold the Sponsor harmless from any and all liability for failure to timely report and/or pay such taxes. An IRS form 1099 will be issued to the Winner in the event that the value of the total prize meets or exceeds the
applicable IRS reporting threshold. The Sponsor’s designated representative will report any such winnings to the internal Revenue Service, in accordance with applicable law. The Sponsor shall have no responsibility or obligation whatsoever to the Winner or to a potential Winner who may be unable to accept or use the prize as described herein. In the case of a Winners forfeiture of the prize, the Sponsor may randomly select another winner in accordance with these Rules.
11. WINNER VERIFICATION: The Winner at all times must comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all applicable requirements hereunder. The potential Winner is not the Winner unless and until such Entrants eligibility has been verified and the Entrant has been notified that verification is complete. In the event that a potential Winner is determined to be ineligible or cannot accept or receive the prize for any reason, the prize will be forfeited, and the Sponsor reserves the right to randomly select an alternate winner from among the remaining entries, in accordance with these Rules.
Additionally, the Winner will be required to provide his/her social security number for tax purposes and Proof of insurance, as well as sign an Affidavit of Eligibility and Liability/Publicity Release Form (unless otherwise prohibited by applicable law), in accordance with Section 13 below, affirming his or her agreement to all terms, conditions, and requirements stated herein.
12. AFFIDAVIT OF ELIGIBILITY: Sponsor an Affidavit of Eligibility and Liability/Publicity Release Form (the “Affidavit“) without modification (unless contrary to applicable law) within seven (7) days of the results of the live drawing on June 6, 2016 and shall be a condition precedent to Sponsor’s award and delivery of the prize. In the event that the Winner fails to execute and return the affidavit (except where prohibited by applicable law) within seven (7) days, or in the event that the Winner returns the affidavit form incomplete and/or with modifications, the Winner’s prize will be forfeited, and the Sponsor reserves the right to randomly select an alternate winner from among the remaining finalists, in accordance with these Rules.
By completing, signing and returning the Affidavit, the Winner (i) releases and forever discharges the Sponsor, its af?liates and subsidiaries, and their respective officers, partners, directors, members, managers, employees, advertising and promotional agencies and their respective successors and assigns from all claims, demands, damages, actions and causes of action arising out of participation in the Drawing or use of the prize, (ii) confirms compliance with these Rules, and (iii) gives permission to the Sponsor, at its option, to publish or otherwise use the Winner’s name, address, photograph, likeness, voice and comments, without compensation, in any publicity carried out by the Sponsor or its respective advertising and promotional agencies, except where prohibited by applicable law.
13. INDEMNIFICATION; RELEASE OF LIABILITY: BY ENTERING THE DRAWING,
ENTRANTS AND THE WINNER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
THE SPONSOR, THE SPONSOR’S PARENT COMPANIES, MANAGING AGENTS, SUBSIDIARIES AND AFFlLlATES AND THEIR RELATED PARTIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED), INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE DRAWING AND/OR RECEIPT OR USE OR MISUSE OF THE PRIZE AWARDED IN THE DRAWING, EXCEPT IF, AND TO THE EXTENT THAT, SUCH LIABILITIES, DAMAGES, CLAIMS OR CAUSES OF ACTION WERE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES.
The Sponsor will not be responsible for lost, late, damaged, defaced, incomplete, stolen, illegible, indiscernible, mutilated, illegally obtained or misdirected entries or for any typographical or other error in the printing of the Drawing or these Rules, administration of the Drawing, or announcement of the prize and/or all Drawing-related materials. By entering the Drawing, each Entrant forever releases, discharges and holds harmless the Released Parties from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind or character arising from or in connection with the Drawing, including, without limitation, responsibility for property damage, loss of life, or personal injury resulting from or in connection with participating in the Drawing or from or in connection with the use or receipt of the prize, however caused (exclusive of those caused by the gross negligence or willful misconduct of the Released Parties).
By entering into the Drawing entrants and the Winner hereby release all rights to bring any claim, action or proceeding against the Sponsor or any of the Released Parties, and further covenant not to sue the Sponsor or any of the other Released Parties, and hereby acknowledge that neither the Sponsor nor any other Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Drawing or the prize.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Drawing; (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 Drawing;(4) technical or human error which may occur in the administration of the Drawing or the processing of entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrants participation in the Drawing or receipt
or use or misuse of any prize; or (8) undeliverable emails. If for any reason an Entrants entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrants sole remedy is another entry in the Drawing, at the sole and absolute discretion of the Sponsor,
during the Entry Period.
14. GOVERNING LAW: Except where prohibited, Entrants and the Winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Drawing or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Texas courts (state and/or federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Drawing, but in no event shall any attorneys’ fees be awarded or recoverable; and (3) under no circumstances will an Entrant or the Winner be permitted to obtain awards for, and each Entrant and Winner 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 Rules, or the rights and obligations of the Entrants, the Winner and the Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of
Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
15. MODIFICATION; TERMINATION: These Rules are subject to modification by the Sponsor, in its sole and absolute discretion and without noti?cation. In the event of a dispute, all decisions made by the Sponsor, in its sole and absolute discretion, are ?nal and binding. Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, or modify the Drawing and/or these Rules if, for any reason, the Drawing is not capable of completion as planned, including but without limitation the following reasons: force majeure, act of God, a lack of feasibility or continued feasibility of the Drawing, compromised integrity of the Drawing, infection by computer virus, terrorism, unauthorized intervention, technical failures, or any other causes beyond the Sponsor’s control that compromise or affect the administration, fairness, integrity, or proper conduct of the Drawing. If the Sponsor elects to cancel, terminate, or modify the Drawing as a result of such event the Sponsor may award the prize from among all valid and eligible Entries received up until such time.
I6. GENERAL CONDITIONS: Any individual found to be tampering with the entry process or the operation of the Drawing, or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner, in the Sponsor’s sole and absolute discretion, may be disqualified, and the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by applicable law. The Sponsor‘s failure to enforce any term or provision of these Rules shall not constitute a waiver of such term or provision. A potential Winner may be required to provide the Sponsor with proof that he/she is eligible to participate in the Drawing in accordance with these Rules. Proof of eligibility will not be deemed to be proof of receipt by the Sponsor.
17. WINNERS’ NAME: For the name of the Winner (available after June 6, 2016) and/or a copy of these Rules, please send a hand-printed, self-addressed, stamped envelope to: Ron Carter Truck Give-A-Way Drawing, Attn.: Cindy Turner FM 528, Alvin, Texas, 77511, within sixty (60) days after the close of the Entry Period. Requests received prior to, or more than sixty (60) days after, the close of the Entry Period will not be honored.