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Official Sweepstakes Rules
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED.
The Tom Wood Volkswagen Totally
Awesome Detail Sweepstakes (“Sweepstakes”) is sponsored by Tom Wood, Inc
(“Sponsor”), 9820 Association Court, Indianapolis, IN 46280, and is
administered by an independent third party (“Administrator”).
1.
Sweepstakes Period: The Sweepstakes begins at or about 12:00 PM Eastern Time (“ET”) on May 1,
2023 and ends at 11:59:59 PM ET on August 1, 2023 (“Sweepstakes Period”). The
Sponsor’s computer is the official Sweepstakes clock.
2.
Eligibility: The Sweepstakes is open only to legal United
States residents of Indiana who are at least eighteen (18) years of age at the
time of entry. Employees, officers and directors, their immediate family
members (spouse, siblings, children and parents, regardless of where they live)
or members of the same households (whether related or not) of Sponsor,
Administrator, and each of their respective parent companies, dealers, affiliates,
subsidiaries, advertising and promotion agencies and any and all companies
associated with the development, distribution or implementation of, or others
providing services in connection with this Sweepstakes (collectively, the
“Sweepstakes Entities”) are not eligible to participate. Void where prohibited
or restricted by law.
Participation constitutes entrant's full
and unconditional agreement to these Official Rules and Sponsor's decisions and
interpretations, which are final and binding in all matters related to the
Sweepstakes.
3.
How To Enter: During the Sweepstakes Period an eligible
entrant must visit www.tomwoodvolkswagen.com (“Website”) and follow
the instructions to submit a Sweepstakes entry. Entrants must submit a valid
e-mail address and any other registration information required by Sponsor. Upon
completion and submission of the registration form the entrant will receive one
(1) entry into the Sweepstakes. No purchase necessary.
Limit: Each entrant is limited
to submitting one (1) Sweepstakes entry during the entire Sweepstakes Period.
Any attempt by any entrant to obtain more than one (1) Sweepstakes entry using
multiple e-mail addresses, identities, or any other
methods will void such entries, and that entrant may be disqualified.
4.
Random Drawing: On or about August 8, 2023, the Administrator
will select one (1) potential winner from among all eligible entries received
during the entire Sweepstakes Period (“Random Drawing”). The selected entrant
is considered a potential winner pending verification of eligibility and compliance
with these Official Rules.
5.
Prize, Approximate Retail Value (“ARV”), and Odds of
Winning:
A.
Prize (1): The winner will receive a SPIFFY mobile
detailing package (“Prize”). The SPIFFY mobile
detailing package contains all of the following: The ARV of the Prize is $300. Only one (1)
Prize will be awarded in the Sweepstakes.
B.
Odds of Winning: The odds of winning the Prize depend on the
total number of eligible entries received during the entire Sweepstakes Period.
C.
General: All federal, state and local
taxes are the sole responsibility of the winner. A properly claimed Prize will
be awarded provided a sufficient number of eligible entries are received, but
in no event will Sponsor award more than one (1) Prize. If, for any reason,
more than one (1) Prize notification is sent (or more than one [1] claim is
received), Sponsor reserves the right to award the Prize through a random
drawing from among all eligible Prize claims received. Prize is
non-transferable, except at Sponsor’s sole discretion. No substitutions or cash
redemptions will occur except at Sponsor’s sole discretion, in which case a
prize of equal or greater value will be awarded. Sponsor reserves the right, at
its sole discretion, to substitute a prize of equal or greater value if the Prize
is unavailable for any reason.
6.
How To Claim the Prize: The potential winner is subject to
verification of eligibility and compliance with these Official Rules.
Administrator will attempt to notify the potential winner via e-mail within
three (3) to five (5) days after a Random Drawing with instructions on how to
claim the Prize. In the event of non-compliance with Official Rules, if a
potential winner is deemed ineligible, declines the Prize, fails to respond to
a winner notification within fourteen (14) days after initial contact, or if
winner notification and/or Prize is returned as undeliverable, the Prize will
be forfeited and an alternate winner may be selected, time permitting. The
winner’s entry information will be shared with SPIFFY and by accepting the
Prize, the winner agrees that his/her entry information will be shared with
SPIFFY. If the Prize is forfeited for
any reason, it may be awarded to an alternate potential winner, at the
Sponsor’s sole and absolute discretion, selected at random from the remaining
eligible entries received during the Sweepstakes Period. Prize is not
transferable. No substitution of the Prize is permitted, except at Sponsor’s
sole discretion. If the Prize cannot be awarded for any reason, Sponsor
reserves the right to substitute the Prize with another prize of equal or
greater value. Any portion of the Prize not accepted by the winner will be
forfeited. All other costs and expenses not expressly set forth herein shall be
solely the winner’s responsibility. The Sweepstakes Entities shall not be held
responsible for any delays in awarding the Prize for any reason. The Prize will
only be awarded to a verified winner.
7.
Limitations of Liability: By participating in this Sweepstakes,
entrants agree that the Sweepstakes Entities and each of their respective
affiliates, subsidiaries, representatives, consultants, contractors, legal
counsel, public relations, fulfillment agencies, website providers and each
their respective officers, directors, stockholders, employees, representatives,
designees and agents ("Released Parties") are not responsible for:
(i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable
e-mail notifications, telephone calls, or postal mail; (ii) any computer,
telephone, satellite, cable, network, electronic or Internet hardware or
software malfunctions, failures, connections, or availability; (iii) garbled,
corrupt or jumbled transmissions, service provider/Internet/Website/UseNet
accessibility, availability or traffic congestion; (iv) any technical,
mechanical, printing or typographical or other error; (v) the incorrect or
inaccurate capture of registration information or the failure to capture, or
loss of, any such information; (vi) any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, technical error, theft or destruction or unauthorized access to the
Website; (vii) any injury or damage, whether personal or property, to entrants
or to any person's computer related to or resulting from participating in the
Sweepstakes and/or accepting the Prize; and/or (viii) entries that are late,
forged, lost, misplaced, misdirected, tampered with, incomplete, deleted,
damaged, garbled or otherwise not in compliance with the Official Rules.
Further, the entrants agree that the Released Parties are not responsible for
any undelivered telephone calls, messages, or e-mails, including without
limitation, undeliverable e-mails resulting from any cause, including any form
of active or passive e-mail filtering by an entrant’s Internet Service Provider
and/or e-mail client or for insufficient space in an entrant’s e-mail account
to receive e-mails.
By entering the
Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules,
including entry requirements; (ii) to waive any rights to claim ambiguity with
respect to these Official Rules; (iii) to waive all of entrant’s rights to
bring any claim, action or proceeding against any of the Released Parties in
connection with the Sweepstakes; and (iv) to forever and irrevocably agree to
release and hold harmless each of the Released Parties from any and all claims,
lawsuits, judgments, causes of action, proceedings, demands, fines, penalties,
liability, costs and expenses (including, without limitation, reasonable
attorneys’ fees) that may arise in connection with: (a) the Sweepstakes,
including, but not limited to, any Sweepstakes-related activity or element
thereof, and the entrant’s entries, participation or inability to participate
in the Sweepstakes; (b) the violation of any third-party privacy, personal,
publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel
related to, participation in, delivery of, possession, defects in, use,
non-use, misuse, inability to use, loss, damage, destruction, negligence or
willful misconduct in connection with the use of the Prize (or any component
thereof); (d) any change in the prizing (or any components thereof); (e) human
error; (f) any wrongful, negligent, or unauthorized act or omission on the part
of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or
destroyed prizing (or any element thereof); or (h) the negligence or willful
misconduct by entrant.
If, for any reason, the
Sweepstakes is not capable of running as planned, or the integrity and or
feasibility of the Sweepstakes is severely undermined by any event beyond the
control of Sponsor, including but not limited to fire, flood, epidemic,
earthquake, explosion, labor dispute or strike, act of God or public enemy,
satellite or equipment failure, riot or civil disturbance, war (declared or
undeclared), terrorist threat or activity, or any federal, state or local
government law, order, or regulation, order of any court or jurisdiction,
infection by computer virus, unauthorized intervention, technical failures or
other cause not reasonably within the control of Sponsor (each a “Force
Majeure” event or occurrence), Sponsor reserves the right, at its sole and
absolute discretion, to abbreviate, cancel, terminate, modify or suspend the
Sweepstakes and/or proceed with the Sweepstakes, including the selection of the
winner in a manner it deems fair and reasonable, including the selection of the
winner from among eligible entries received prior to such cancellation,
termination, modification or suspension without any further obligation provided
a sufficient number of eligible entries are received. If Sponsor, in its discretion,
elects to alter this Sweepstakes as a result of a Force Majeure event, a notice
will be posted at the Website.
Without limiting the
foregoing, everything regarding this Sweepstakes, including the Prize, is
provided “as is” without warranty of any kind, either express or implied,
including but not limited to, the implied warranties of merchantability,
fitness for a particular purpose or non-infringement.
8.
Disputes: This Sweepstakes is governed by, and will be
construed in accordance with, the laws of the State of Indiana, and forum and
venue for any dispute shall be in Marion County, Indiana. If the controversy or
claim is not otherwise resolved through direct discussions or mediation, it
shall then be resolved by final and binding arbitration administered by the American
Arbitration Association in accordance with its arbitration rules and procedures
or subsequent versions thereof (“AAA Rules”) The AAA Rules for selection of an
arbitrator shall be followed, except that the arbitrator shall be experienced
and licensed to practice law in Indiana. All proceedings brought pursuant to
this Section will be conducted in Marion Country, Indiana. The remedy for any
claim shall be limited to actual damages, and in no event shall any party be
entitled to recover punitive, exemplary, consequential, or incidental damages
or to have damages multiplied or otherwise increased, including attorneys’ fees
or other such related costs of bringing a claim, or to rescind this agreement
or seek injunctive or any other equitable relief. Entrants agree that the
rights and obligations of any entrant and/or Sweepstakes Entities and/or any
other party shall be resolved individually, without resort to any form of class
action. Any demand for arbitration must be filed within one (1) year of the
time the cause of action occurred, or the cause of action shall be forever
barred.
9.
Privacy Policy: Any information collected in relation to this
Sweepstakes shall be used only in a manner consistent with the consent given by
entrants at the time of registration, with these Official Rules and with the
Sponsor’s privacy policy, available online at https://www.tomwood.com/tools/complyauto/privacy-policy.htm.
10. Publicity Rights: By participating in
the Sweepstakes and/or accepting the Prize, each entrant agrees to allow
Sponsor and Sponsor’s designee the perpetual right to use his/her name,
biographical information, photos and likeness, voice recording, video images and
all related footage, and statements for promotion, trade, commercial,
advertising and publicity purposes, at any time or times, in all media now
known or hereafter discovered worldwide, including but not limited to
television, radio, and Internet, without notice, review or approval and without
additional compensation except where prohibited by law.
11. General: This Sweepstakes is
subject to all applicable federal, state and local laws and regulations.
Winning the Prize is contingent upon fulfilling all requirements set forth
herein. Any attempted form of participation in this Sweepstakes other than as
described herein is void and will result in disqualification, and if such
person is selected as a potential winner, revocation of his/her Prize. If it is
discovered or suspected that a person has registered, entered or attempted to
register or receive entries using multiple e-mail addresses, identities, IP
addresses, or use of proxy servers or like methods, all of that person’s
entries will be declared null and void and that person will not be awarded any
Prize that he/she might have been entitled to receive and such Prize may be
forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the
right to disqualify any individual found, in its sole and absolute opinion, to
be tampering with the operation of the Sweepstakes, to be acting in violation
of these Official Rules or to be acting in an unsportsmanlike manner or with
the intent to disrupt the normal operation of the Sweepstakes. Any use of
robotic, automatic, macro, programmed, third-party or like methods to
participate in the Sweepstakes will void any attempted participation effected
by such methods and the disqualification of the individual utilizing the same.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO
UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. 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 the winner, the winning entry will be declared
made by the authorized account holder of the e-mail address submitted on the
registration form associated with such entry. "Authorized account
holder" is defined as the natural person who is assigned to an e-mail
address by an Internet access provider, online service provider or other organization
(e.g., business, educational institution) that is responsible for assigning
e-mail addresses for the domain associated with the submitted e-mail address.
Each entrant may be required to show proof of being an authorized account
holder. If any provision of these Official Rules or any word, phrase, clause,
sentence or other portion thereof should be held unenforceable or invalid for
any reason, then that provision or portion thereof shall be modified or deleted
in such manner as to render the remaining provisions of these Official Rules
valid and enforceable. The invalidity or unenforceability of any provision of
these Official Rules or any Prize documents will not affect the validity or
enforceability of any other provision. Sponsor’s failure to enforce any term of
these Official Rules shall not constitute a waiver of that provision and such
provision shall remain in full force and effect. All entries and/or materials
submitted will not be returned. In the event of any conflict with any
Sweepstakes details contained in these Official Rules and the Sweepstakes
details contained in any Sweepstakes promotional materials (including, but not
limited to, point of sale, television and print advertising, promotional
packaging and other promotional media), the details of the Sweepstakes as set
forth in these Official Rules shall prevail.
12. Winner List: To obtain the name. of
the winner, mail a self-address, stamped, business-sized envelope to: Winner
List Request - Tom Wood Volkswagen Totally Awesome
Detail Sweepstakes, 30100 Telegraph Road, Suite #360, Bingham Farms, MI
48025. Winner list requests must be received by October 30, 2023.
Sponsor: Tom
Wood Group, 9820 Association Court, Indianapolis, IN 46280.