The Mazda CX-3 Garage Sweepstakes Sponsored by Esurance
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. MUST BE PRESENT TO WIN.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, SXSW, LLC.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Mazda CX-3 Garage Sweepstakes (the "Sweepstakes") consists of one (1) car giveaway. The Sweepstakes is sponsored by Esurance Insurance Services, Inc. ("Sponsor") and is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least twenty-one (21) years of age on the date of entry. Sponsor reserves the right to conduct a background check and entry in the Sweepstakes constitutes entrant's permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, entrants shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify any entrant based on the results of the background check if Sponsor determines in its sole discretion that awarding a prize to such potential winner might reflect negatively on Sponsor or its representatives or agents. Sponsor also reserves the right (at its sole discretion) to disqualify any entrant if the entrant fails to properly authorize a background check. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals or individuals living in the same household (whether related or not) of Sponsor, SXSW, LLC, the 2016 South by Southwest (SXSW®) Music and Media Conference at the Austin Convention Center in Austin, Texas (the "SXSW® Conference") or their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, or advertising, promotion, and public relations agencies (collectively, with Sponsor, the "Sweepstakes Entities") are not eligible. For the purposes of this Sweepstakes, family members are defined as spouse, partner, parents, siblings, legal guardian, in-laws, grandparents, children, and grandchildren. Participation in this Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
The Sweepstakes begins at 9 a.m. Central Time ("CT") on March 15, 2016 and ends at 6 p.m. CT on March 15, 2016 (the "Sweepstakes Period").
HOW TO ENTER:
To enter for a chance to win a Mazda CX-3 Sport (the "Car Prize") in the Sweepstakes, a) visit the Esurance kiosk on-site at the Austin Convention Center at South by Southwest any time from 9:00 am on March 10, 2016 until the end of the Sweepstakes Period, b) register for an Esurance Access Badge, and then c) scan the Esurance Access Badge on the Esurance Garage instant win screen during theSweepstakes Period. Entrants may only register for one (1) Esurance Access Badge. Limit one (1) entry per person.
ODDS AND WINNER SELECTION/NOTIFICATION:
Odds of winning will depend upon the total number of eligible entries received.
Sponsor shall identify, via an "instant-win" randomization method, one (1) winner for the Car Prize at a certain (undisclosed but Sponsor-selected) time during the Sweepstakes Period.
Must be present to win. As a condition of entering the Sweepstakes, winner of the Car Prize agrees to complete, sign, have notarized, and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, and any required tax documents (e.g., Form 1099) within the time frame specified and if required by Sponsor in its sole discretion. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. If a winner fails to comply with these Official Rules or fails to sign and return the affidavit of eligibility/declaration, the liability/publicity release and/or any required tax documents within the time periods specified by Sponsor, the Car Prize will be forfeited in Sponsor's sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor's sole discretion. Sponsor may only look to one (1) alternate winner, at which point the Car Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to the Car Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner. If legitimately claimed in compliance with these Official Rules, the Car Prize will be awarded. Upon Car Prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. Sponsor makes no representation or guarantee as to availability of any particular Mazda CX-3 vehicle. If vehicle awarded to Car Prize winner has a value less than the stated value in these Official Rules, winner will not receive the difference in cash or otherwise.
The Car Prize will be subject to the manufacturer's warranty as set forth in the applicable manufacturer's owner manual. Except as stated herein, any and all guarantees and warranties for the Car Prize are subject to the manufacturer's and/or service providers terms and conditions, and winner of the Car Prize agrees to look solely to such parties for any warranty or guarantee claim. Arrangements for prize fulfillment as described herein will be made by Sponsor in its sole discretion, and Sponsor reserves the right to fulfill the prize in an alternative manner of its own choosing at its own discretion. PLEASE NOTE: winner of the Car Prize is responsible for all federal, state, and local taxes, license, registration and title fees, and insurance costs. All costs and expenses not specified herein, related to the Car Prize, including but not limited to delivery, installation, service activation fees or periodic charges (e.g., satellite radio and navigation, if applicable), and other expenses incurred by accepting the prize, are the sole responsibility of the winner of the Car Prize. Winner of the Car Prize or a designated representative must show evidence of insurance and a valid driver's license in order to accept delivery, or the Car Prize will not be conveyed. Winner of the Car Prize is responsible for the cost of any additional vehicle options, upgrades or equipment beyond the ARV of the Car Prize stated in these Official Rules, as may be agreed to between winner and dealer at which vehicle will be delivered. Vehicle color, options and equipment will be determined by Sponsor in its sole discretion. The Car Prize will be delivered to a dealer location selected by Mazda North American Operations in its sole and absolute discretion. Delivery of the Car Prize at the designated dealership will be subject to manufacturer/distributor and dealer production and delivery schedules. Winner of the Car Prize or his or her authorized representatives must take delivery within thirty (30) days of notification of availability or the Car Prize will be forfeited.
PRIZES, QUANTITY AND ARV:
|Mazda CX-3 Sport
All prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the Car Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Car Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. Sponsor is not responsible for any inability of winner to accept or use the Car Prize (or portion thereof) for any reason. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor's sole discretion. If, for any reason, any prize related event, including but not limited to the South by Southwest events, is delayed, cancelled or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes in its sole discretion and to award a substitute prize of equal or greater value. Sponsor shall not be responsible for any cancellations, delays, diversions, or substitutions, or any act or omissions whatsoever by the South by Southwest venue or any other persons providing any of these services and accommodations necessitated by same. No more than the stated prizes will be awarded.
LIMITATION OF LIABILITY:
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE Sweepstakes ENTITIES, Mazda Motor of America, Inc. d/b/a Mazda North American Operations, MAZDA DEALERSHIPS, and its/theIR respective officers, directors, MEMBERS, MANAGERS, employees, representatives, and agenTs of each (collectively "RELEASED PARTIES") FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, USE, MISUSE or awarding of THE prizeS, 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. WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation, or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability, or fitness for a particular purpose. RELEASED PARTIES assume absolutely no responsibility for damages, losses, or injury resulting from the CAR PRIZE or its operation.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR PARTICIPATING ELIGIBLE COUNTRY ARE HEREBY EXPRESSLY WAIVED BY HIM OR HER AGAINST THE SPONSOR AND RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications or entry information. Released Parties are not responsible, and may disqualify an entrant, if his or her email address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor.
Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties' operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order, or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order, or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order, or other action adopted or taken by any governmental, federal, state, or local government authority, or any other cause, whether or not specifically mentioned above.
LICENSES AND APPROVALS:
By entering the Sweepstakes, each entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit such entrant's name, voice, persona, likeness, image, home address, prize information, any quotes attributable to such entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with advertising and/or publicity purposes in connection with the Sweepstakes including but not limited to participation in awarding of the prize in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and each entrant releases all Released Parties from any and all liability related thereto. The license and rights granted by each entrant may include, without limitation, on-location or studio-based on-air camera appearances, and any photographs, videos or other materials such entrant provides to the Sponsor. Nothing contained in these Official Rules obligates the Sweepstakes Entities to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF SUCH ENTRANT IS CHOSEN AS A WINNER, HIS OR HER IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO HIS OR HER NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS LIST AS WELL AS USED IN ANY AND ALL MEDIA AT THE DISCRETION OF THE SPONSOR AS A PART OF PARTICIPATING IN THIS SWEEPSTAKES.
Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sweepstakes Entity, claims, and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (if any), not to exceed ten U.S. Dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits, or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in San Francisco County, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
WINNER'S LIST/OFFICIAL RULES:
To find out the names of the winner as of the date your request is received, send a legal-size, self-addressed, stamped envelope to: The Mazda CX-3 Garage Sweepstakes, c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Requests must be received no later than three (3) months following the end of the Sweepstakes Period. For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope prior to the end of the Sweepstakes Period to: The Car Garage Sweepstakes, c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.
SPONSOR: Esurance Insurance Services, Inc., 650 Davis St, San Francisco, CA 94111.
All trademarks used herein are the property of their respective owners.