“Focus on Summer” Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD: The “Focus on Summer” Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on February 1, 2012 and ends at 11:59 PM ET on August 31, 2012 (the “Entry Period”). The Sweepstakes is sponsored by NewScope Marketing 5845 Acton Circle Granbury, TX 76049 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to all legal United States residents of the following states: Oklahoma, Kansas, Arkansas, Tennessee, Missouri, Nebraska, Louisiana, Texas, or Mississippi. Participants must be licensed drivers and at least eighteen (18) years old as of February 1, 2012. Officers, members, directors and employees of the Sponsor (NewScope Marketing), and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, and Compliance Sweepstakes Services (collectively, the “Released Parties”) and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes 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 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. Void where prohibited, taxed, or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using at least one (1) of three (3) methods of entry described below:
1.) To enter the Sweepstakes via the Sponsor’s micro-site, go to www.winafordfocus.com (the “Web Site”) and follow the prompts to complete the registration process. Each participant will need to provide the following information to be entered into the Sweepstakes: first and last name, mailing address, phone number, and email address. By registering, and clicking on the "Enter" button, a Participant certifies they have read and agree with these Official Rules.
2.) To enter at a NewScope Marketing event during the Entry Period via on-line entry, visit a kiosk at the event and follow the prompts to complete the registration process. Each participant will need to provide the following information to be entered into the Sweepstakes: first and last name, mailing address, phone number, and email address. By registering, and clicking on the "Enter" button, a Participant certifies they have read and agree with these Official Rules.
3.) To enter at a NewScope Marketing event during the Entry Period via written entry form, obtain an entry form at the event and complete the entry form in its entirety. Each participant will need to provide the following information to be entered into the Sweepstakes: first and last name, mailing address, phone number, and email address. By checking a box on the form, Participant certifies they are 18 year of age or older. Each completed entry form must be deposited in the entry box at the NewScope Marketing event.
By completing and submitting the Sweepstakes registration, each participant will earn one (1) Sweepstakes entry. All entries must be received by 11:59:59 pm ET on August 31, 2012. Limit one (1) entry per person and household (mailing address) during the Entry Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the entrant only through website links listed above. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, unintelligible, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
IV. PERSONAL INFORMATION / OPT-IN: By entering via the Sponsor’s Web Site or kiosk, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes; the information that you provide in connection with the entry process will be used by Sponsor only, and will not be sold or provided to another company. You are authorizing the Sponsor to send you emails to the address entered on entry form, regarding product offerings. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in any e-mail received. You will remain eligible for this Sweepstakes whether or not you opt out of receiving the e-mails.
V. LIMITATIONS OF LIABILITY:If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VI. GRAND PRIZE: There will be one (1) Grand Prize awarded. The Grand Prize winner will receive a 2012 Ford Focus with an Approximate Retail Value ("ARV") of $17,000. The vehicle is Blue and White (VIN-1FHP3F23CL139556). The vehicle options will be selected by the Sponsor. The Grand Prize winner will be solely responsible for all vehicle title, license and registration fees, freight, delivery, dealer prep, emissions inspection, additional equipment, all federal, state and local taxes, insurance, gasoline, vehicle maintenance and all other fees and expenses associated with receipt and use of the prize vehicle. Any additional vehicle options will be the responsibility of the Grand Prize winner. Grand Prize winner must provide proof of valid insurance and a valid driver’s license to take delivery and must take delivery at the location designated by Sponsor within thirty (30) days.
VII. PRIZE WINNER SELECTION: The prize winner will be selected from among all eligible entries received, in a random drawing on or about September 15, 2012, by the Administrator, an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes. Odds of winning a prize will depend on the total number of eligible entries received. The prize winner will be notified by telephone, e-mail and/or USPS mail. Upon initial notification and verification of the prize winner, confirmation will be sent to the prize winner via mail, or other home delivery service of Sponsor’s choice.
VIII. PRIZE TERMS AND CONDITIONS: The winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”), and return it within fourteen (14) days of written notification or the prize may be forfeited and an alternate potential winner selected. If a prize winner is considered a minor in their state of residence, the parent or legal guardian must sign and return the Prize Acceptance Release and the respective prize will be awarded in the name of his/her parent or legal guardian. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and the potential winner is subject to verification before any prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied, excluding the New Vehicle Limited Warranty from the manufacturer. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sweepstakes Administrator is not the supplier or guarantor of any prize. Prizing may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
The prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. A prize winner will be required to provide Sponsor with a valid social security number (should the ARV of the prize be equal or greater than $600) before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner for the total ARV of the Grand Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded. The winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
IX. MODIFICATION:In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
X. RELEASES:All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless the Sponsor, Released Parties, and their designees and assigns and all of their respective officers, directors, employees, representatives and agents, from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Web Site; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Entrants further acknowledge that the Sponsor and Released Parties makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. The prize winner bears all risk of loss or damage to his/her respective prize immediately upon receipt.
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Texas, in the City of Dallas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Texas, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: FFor a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by 8/31/12 and received by 9/7/12 and mail to: Compliance/“Focus on Summer” Sweepstakes Official Rules, 106 Elm St, Stonington, CT 06378.
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the winner, please send a self-addressed, stamped business size envelope, by November 15, 2012, to: Compliance/“Focus on Summer” Sweepstakes Winners List, 106 Elm St, Stonington, CT 06378.
XIV. SPONSOR: NewScope Marketing 5845 Acton Circle Granbury, TX 76049.
XV. ADMINISTRATOR: Compliance Sweepstakes Services, 106 Elm St., Stonington, CT 06378 (the “Sweepstakes Administrator”).
Ford and each of their respective affiliates, subsidiaries, shareholders, representatives, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with the participation in this sweepstakes or any prize awarded, and have not offered or sponsored this sweepstakes in any way.