NO PURCHASE, TEXT OR SURVEY COMPLETION NECESSARY TO ENTER OR WIN.
A PURCHASE, TEXT OR SURVEY COMPLETION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The 2018 Pooled Auto Tracking Sweepstakes (“Sweepstakes”) is open to individuals who at time of entry: 1) are legal residents of the 50 United States (including the District of Columbia); 2) have reached the age of majority in the state they physically reside; and 3) to whom this offer is specifically addressed. Officers, directors, employees, agents and representatives of J.D. Power (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parents, siblings, children and spouses, regardless of where they reside) and/or those living in the same household of each (whether or not related) are not eligible to enter or win. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
HOW TO ENTER: There are five methods of entry: Method #1 (“Online Entry”): Visit the URL provided in the offer you received, follow all onscreen instructions to enter the passcode (printed on the solicitation you received), and follow all instructions to complete and submit the survey. Method #2 (“Mobile App”): Download the free App disclosed in theoffer you received. Once you have successfully opened the App, follow onscreen instructions to enter the passcode (printed on the solicitation you received) to complete and submit the survey. Method #3: (“Text Entry”): Follow all instructions by using the keyword and short code provided in conjunction with the solicitation you received to complete and submit the survey. If you are entering via Method #1, #2 or #3, you must complete the survey digitally and your completed survey must be submitted by date specified elsewhere in the offer you received or by 11:59:59 pm ET on 12/31/18, whichever is sooner in order for your entry to qualify for inclusion into the Sweepstakes’ random drawing. Method #4: (Mail-in Entry): If you receive a printed survey in the mail, follow the instructions to complete the survey and return it in the postage-paid envelope provided. Method #5 (Postcard Entry): To enter Sweepstakes without completing the survey, mail a postcard with your hand written name, age, address, phone number and email address (optional) to: 2018 Pooled Auto Tracking Sweepstakes Entries, P.O. Box 9310, Medford, NY 11763-9310 (“mail-in entry(ies)”). All entries submitted via Method #4 and Method #5 must be postmarked between 1/2/18 and 12/31/18 (the “Sweepstakes Entry Period”) and received by 1/7/19. Limit: One entry per person per offer, regardless of method of entry. Duplicate entries will be disqualified. All entries and requests become the property of Sponsor and will not be acknowledged or returned.
Entrants entering via text entry must: 1) agree to receive text messages from the Sponsor and/or its agent; 2) be a wireless service subscriber; 3) have a text messaging two-way capable mobile device and digital service in order to enter the Sweepstakes and 4) authorize their respective carriers to provide Sponsor and its designated agent with their Mobile Telephone Number (“MTN”). Entrants may be charged for the text messages sent and received from their mobile device according to the terms in their Customer Agreement with their service provider. Standard data/text message rates may apply. Sponsor is not responsible for lost, late, damaged, delayed, garbled, illegible, incomplete, misdirected or postage due mail/entries. Entries must be made by an individual from a stand-alone computer or mobile device and may not be made by proxy or any electronic/automated means such as script, macro or use of any automated, robotic, repetitive, programmed or similar entry methods or any other similar software or program which will result in disqualification. Entry materials/data that have been tampered, altered, photocopied or mechanically reproduced are not eligible and will be void. Entry into the Sweepstakes constitutes your consent to participate in this Sweepstakes and your consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes. Neither the Sponsor nor its designated agent assumes responsibility for third parties’ failure to act in accordance with Sponsor’s instructions pertaining to the implementation of the Sweepstakes. In the event of a dispute as to any registration, the authorized account holder of the email address or the MTN used to register (at time of entry) will be deemed to be the registrant. The “authorized account holder” is defined as the natural person who is assigned a MTN or email address by his/her carrier or an Internet access provider, online service provider or other organization responsible for assigning email addresses as shown on his/her carrier’s records for the domain associated with the submitted address. Winner may be required to show proof of being the authorized account holder.
CONSUMER DISCLOSURES: You have not yet won. Ends: 12/31/18. Prize: One (1) Grand Prize: $50,000.00 will be awarded in the form of a corporate check payable in the name of the winner. Prize will be fulfilled within 90 days from date of award. Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period, estimated at 1:500,000. Sponsor: J.D. Power, 30870 Russell Ranch Road, 3rd Floor, Westlake Village, CA 91362.
SELECTION OF WINNER: Potential winner will be determined in a random drawing from among all eligible entries received during the Sweepstakes Entry Period. The random drawing will be conducted on or about 1/31/19 by Ventura Associates, an independent judging organization (“judges”), whose decisions are final and binding in all matters relating to this Sweepstakes. The contact information provided at time of Entry will be used to notify potential winner. Sponsor is not responsible for changes to an Entrant’s contact information that may interfere with winner notification. If the potential winner originates from the text entries, he/she must be able to receive calls from an unlisted/blocked number and must respond within five (5) days from the date of notification with his/her contact information needed for verification purposes or he/she will be disqualified and an alternate winner will be selected in a separate random drawing. Potential winner will be notified by telephone, and/or e-mail and/or overnight mail on or about 1/31/19 and will be required to complete, sign and return an Affidavit/Declaration of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within ten (10) days of date specified on notification. If the potential winner does not return the fully executed Release within ten (10) days, or if said e-mail and/or mail is returned as undeliverable, or if the potential winner is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner will be selected who will be subject to disqualification in the same manner. At Sponsor’s discretion, if after 5 attempts a winner is not confirmed, the corresponding prize will not be awarded. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Winner will also be required to furnish his/her taxpayer identification number information by completing and submitting a W-9 Form before the awarding of any prize to comply with IRS tax reporting requirements. The prize is non-transferable. All fees, federal, state, local and income taxes or other expenses relating to the use, misuse, acceptance and possession of prize are the sole responsibility of the winner. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use winner's name, prize won, hometown and likeness/photograph for online posting and promotional purposes without further compensation.
GENERAL & LIMITATIONS OF LIABILITY: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of prize. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause, Sponsor shall have the right, to modify, suspend, extend or terminate the Sweepstakes in whole or in part, at any time and without notice or obligation. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use, misuse or redemption of prize.
This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by Entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and Entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prize. The Sponsor is not responsible for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (ii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iii) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or the online portion if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winner from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER’S NAME: For the name of the winner (available after 2/28/19) send a stamped, self-addressed envelope (postage not required for Vermont residents) by 2/28/19 to: 2018 Pooled Auto Tracking Sweepstakes Winner, c/o: Ventura Associates – Attn. DE, 494 Eighth Avenue, Suite 1700, New York, NY 10001.
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