THE “CW FORD FIESTA SECOND CHANCE SWEEPSTAKES”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO, GUAM, THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND WHERE OTHERWISE PROHIBITED. EACH WINNER (AS DEFINED BELOW) MAY BE REQUIRED TO EXECUTE A WINNER AFFIDAVIT OR ACCEPTANCE AGREEMENT AS APPLICABLE AND AS MORE FULLY DETAILED BELOW. All Promotion-execution-specific times refer to Pacific time (“PT”). The CW Ford Fiesta Second Chance Sweepstakes (the “Promotion”) begins on October 28, 2013, at 5:00:00 p.m. and ends on December 27, 2013, at 4:59:59 p.m. (the “Master Promotion Period”). Within the Master Promotion Period there are nine (9) Weekly Drawings (each corresponding to a weekly period as defined in the “Weekly Prize Periods” paragraph below [each hereinafter referred to as a “Weekly Prize Period” or hereinafter collectively referred to as “Weekly Prize Periods”]) and one (1) Master Promotion Period–specific Grand Prize Promotion Drawing, as further explained in the “Winner Selection/Odds” paragraph below. Promotion is subject to all applicable federal, state and local laws.
The Promotion is open to legal residents of any one (1) of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories) (collectively, the “U.S.”) who are the age of majority or older in their state of residence and physically domiciled in the U.S. at the time of entry (each hereinafter referred to as a “Participant” or collectively as “Participants”). Employees, directors and officers of The CW Network, LLC (hereinafter referred to as the “Sponsor” or “The CW”), Ford Motor Company (hereinafter referred to as “Ford”), Team Detroit, Inc., L.A. Promotion Development, Inc. (hereinafter referred to as the “Administering Agency”), Warner Bros. Entertainment Inc., CBS Corporation, and each of their respective member or parent companies and subsidiaries, affiliates, programming-related production entities, distributors, divisions, broadcast affiliates, or advertising and promotion agencies associated with the Promotion, or Prize suppliers for the Promotion (collectively, the “Promotion Parties”) are not eligible to enter the Promotion or win a Prize. In addition, family members of (whether living in the same household or not) and those living in the same household as (whether related or not) any such employees, directors or officers are not eligible to enter this Promotion or win a Prize. For the purposes of the Promotion, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
The Promotion is administered by the Administering Agency. Entrants must be of good moral character and must have nothing in their background that is inconsistent with the positive image and/or goodwill with which Promotion Parties wish to associate, as determined by Promotion Parties, at their sole discretion. Sponsor reserves the right to exclude from this Promotion or void the entries of anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). By entering, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.
WEEKLY PRIZE PERIODS:
Weekly Prize Period #1
(Runs 5:00:00 p.m. on October 28, 2013, through 4:59:59 p.m. on November 4, 2013)
Weekly Prize Period #2
(Runs 5:00:00 p.m. on November 4, 2013, through 4:59:59 p.m. on November 11, 2013)
Weekly Prize Period #3
(Runs 5:00:00 p.m. on November 11, 2013, through 4:59:59 p.m. on November 18, 2013)
Weekly Prize Period #4
(Runs 5:00:00 p.m. on November 18, 2013, through 4:59:59 p.m. on November 25, 2013)
Weekly Prize Period #5
(Runs 5:00:00 p.m. on November 25, 2013, through 4:59:59 p.m. on December 2, 2013)
Weekly Prize Period #6
(Runs 5:00:00 p.m. on December 2, 2013, through 4:59:59 p.m. on December 9, 2013)
Weekly Prize Period #7
(Runs 5:00:00 p.m. on December 9, 2013, through 4:59:59 p.m. on December 16, 2013)
Weekly Prize Period #8
(Runs 5:00:00 p.m. on December 16, 2013, through 4:59:59 p.m. on December 23, 2013)
Weekly Prize Period #9
(Runs 5:00:00 p.m. on December 23, 2013, through 4:59:59 p.m. on December 27, 2013)
HOW TO ENTER:
Participants may enter the Promotion in either of the following two (2) ways. During each Weekly Prize Period, a Participant may enter one (1) time per day only. A day, for the purposes of this Promotion, begins at 5:00:00 p.m. PT and ends at 4:59:59 p.m. PT the following day. Nonwinning entries do not roll over from one (1) Weekly Prize Period to any subsequent Weekly Prize Period(s). Multiple entries received from any Participant in any form and in excess of the above-stated limit will be void. Sponsor will be the official timekeeper for the Promotion.
ONLINE ENTRY OPTION: Access the Promotion on the World Wide Web at http://www.cwtv.com/fordfiesta (the “Website”) to reach the Promotion registration page. To enter, a Participant must follow the on-screen instructions to log into his/her Facebook account (using the login mechanism provided) and, in the spaces provided, enter the following information: his/her first name, last name, street address (no P.O. boxes allowed), city, state, zip code, daytime telephone number, e-mail address, and any other entry-related personally identifying information requested. Participant must also affirm that he/she is the age of majority or older in his/her state of residence at time of entry and also complete any entry-security-related task requested by the Sponsor.
As a condition of entry, each Participant entering the Promotion must follow the on-screen instructions to indicate his/her acceptance of these Official Rules. By clicking on the final “Enter” button (in any message or graphic-related representation), each Participant forwards his/her Entry to the Promotion.
MAIL ENTRY OPTION: In a #10 envelope, on an 8 ½” X 11” piece of paper, Participant must hand-print the following information: his/her first name, last name, street address (no P.O. boxes allowed), city, state, zip code, daytime telephone number, and e-mail address and send the Entry to: FORD FIESTA SECOND CHANCE SWEEPSTAKES, 5021 Verdugo Way, Box 105-321, Camarillo, CA, 93023. Only one (1) Entry per envelope.
By entering, Participant affirms that he/she is the age of majority or older in his/her state of residence at time of entry
All entries received, in any form, are hereinafter referred to as an “Entry,” or collectively as “Entries.”
Nonreadable, garbled or incomplete Entries, or Participants that do not abide by these Official Rules, as determined by the Sponsor or Administering Agency, at their sole discretion, will be disqualified. All Entries become property of the Sponsor and will not be returned or acknowledged. Entries that are submitted by a third-party entity on behalf of a Participant, including, but not limited to, a Promotion agent or agency, or Entries (as determined at the sole discretion of the Sponsor and/or Administering Agency) that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and will be void. Submission of false or misleading information by a Participant will be grounds for disqualification of Entry. Proof of submission of an Entry will not be deemed proof of receipt of an Entry by the Sponsor or the Administering Agency. For purposes of this Promotion, an Online Entry is “received” when the Sponsor’s Website servers record the Entry information upon Participant clicking the final “Enter” button (in any message or graphic-related representation). Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Promotion. For purposes of this Promotion, a Mail Entry is “received” when the Sponsor’s designated agent receives the physical Entry at the designated address.
All Entries must be submitted legitimately.
In the event of a dispute regarding the identity of a Participant, the Entry will be deemed submitted by the authorized account holder of the e-mail address provided, but only if that person meets all other eligibility criteria. An 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 that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address. Each potential Prizewinner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.
The Administering Agency will conduct forty-six (46) individual Prize drawings on/about January 8, 2014, as detailed below.
Weekly Prize Period #1 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on October 28, 2013, and 4:59:59 p.m. on November 4, 2013)
Weekly Prize Period #2 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on November 4, 2013, and 4:59:59 p.m. on November 11, 2013)
Weekly Prize Period #3 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on November 11, 2013, and 4:59:59 p.m. on November 18, 2013)
Weekly Prize Period #4 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on November 18, 2013, and 4:59:59 p.m. on November 25, 2013)
Weekly Prize Period #5 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on November 25, 2013, and 4:59:59 p.m. on December 2, 2013)
Weekly Prize Period #6 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on December 2, 2013, and 4:59:59 p.m. on December 9, 2013)
Weekly Prize Period #7 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on December 9, 2013, and 4:59:59 p.m. on December 16, 2013)
Weekly Prize Period #8 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on December 16, 2013, and 4:59:59 p.m. on December 23, 2013)
Weekly Prize Period #9 Drawing
(five  drawings from all eligible Entries received between 5:00:00 p.m. on December 23, 2013, and 4:59:59 p.m. on December 27, 2013)
Grand Prize Promotion Drawing:
(one  drawing from all eligible Entries received during the Master Promotion Period)
Specific to the individual Weekly Prize Period Drawings, if there are less than the necessary eligible Entries from which to select winner(s) for any individual Weekly Prize Period Drawing, the outstanding balance of that Weekly Prize Period Drawing’s Prize(s) will be awarded during the next drawing for which there are eligible entrants. Therefore, there could be more than five (5) random drawings in one (1) Weekly Prize Period Drawing.
If a Participant’s Entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win a Prize (subject to the Sponsor’s and/or Administering Agency’s verification process). If a potential winner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a Prize is forfeited and an alternate randomly drawn eligible Participant will be contacted by telephone and/or e-mail.
Odds of winning a Prize in a Weekly Prize Period Drawing are determined by total number of eligible Entries received during the applicable Weekly Prize Period. Odds of winning the Grand Prize depend on the total number of eligible Entries received during the Master Promotion Period.
Total Approximate Retail Value (“ARV”) of all Prizes in this Promotion will not exceed: Twenty-two thousand five hundred twenty-five dollars ($22,525).
FORTY-FIVE (45) FIRST PRIZES WILL BE AWARDED IN TOTAL; FIVE (5) WEEKLY PRIZES WILL BE AWARDED PER EACH INDIVIDUAL WEEKLY PRIZE PERIOD: Each Weekly Prize winner (“Weekly Prize Winner” or collectively “Weekly Prize Winners”) will receive [unless indicated otherwise] one (1) of the following items: An Arrow journal, a The Vampire Diaries Tattoo mug, a The Vampire Diaries T-shirt, an Arrow T-shirt, a Hart of Dixie T-shirt, a The Vampire Diaries tumbler, a The CW tote bag, a The CW umbrella, a Hart of Dixie DVD set, an Arrow DVD set, a The Vampire Diaries DVD set (hereinafter individually referred to as a “First Prize” or collectively referred to as “First Prizes”). Approximate ARV of each First Prize ranges from five dollars ($5) to twenty-five dollars ($25) in value. The approximate ARV of all Weekly Prizes awarded will not exceed one thousand one hundred and twenty-five dollars ($1,125).
Actual Weekly Prize awarded will be determined by Sponsor and/or Administering Agency at their sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Weekly Prize Period Winner. Prize cannot be transferred by Weekly Prize Period Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Weekly Prize Period Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor at its sole discretion, it will be forfeited, and, time permitting, an alternate Weekly Prize Period Winner may be selected from the remaining eligible Entries at Sponsor’s sole discretion.
One (1) Grand Prize will be awarded. The Grand Prize winner will receive a 2014 Ford Fiesta Titanium Hatch (herein referred to as the “Grand Prize”). ARV of the Grand Prize: Twenty-one thousand four hundred dollars ($21,400.00). (Final MSRP of vehicle awarded based on, but not limited to, vehicle model, accessories and winner’s city of residence.)
The Grand Prize winner will be required to provide his/her valid state-issued driver license, issued by one of the fifty (50) United States or the District of Columbia, and Social Security number or a valid U.S. personal tax identification number, and to comply with any other legal or dealership requirements, including, without limitation, proof of insurance, before being able to take possession of his/her Prize (see Grand Prize winner Notification Process paragraph below for additional requirements). Failure to comply with these requirements may result in Grand Prize forfeiture and selection of an alternate potential Grand Prize winner.
Actual Prize vehicle awarded and respective model, year, color, factory options and accessories may vary from that depicted in the Promotion advertising and promotional materials and are at the sole discretion of the Sponsor and subject to availability from manufacturer. The Grand Prize winner must take delivery of the vehicle from a Ford dealership or authorized representative near his/her home, as designated by the Sponsor or the Administering Agency at their sole discretion (“Delivery Site”). The Grand Prize winner bears the risk of damage to vehicle after delivery to specified Delivery Site. Vehicle will be delivered solely with the express written limited warranties set forth in the vehicle’s warranty booklet.
Grand Prize does not include transportation to and from the Grand Prize winner’s residence and the Delivery Site and/or any other expenses not specified as being provided as part of the Grand Prize in these Official Rules (except as indicated in the “Additional Prize Information/Taxes” section). The Grand Prize winner is also responsible for any automobile insurance, registration, title, dealer preparation and applicable destination charges and fees, license fees, any upgrade or option packages, additional equipment and other expenses not specified in these Official Rules as being provided as part of the Grand Prize. All of the expenses not specified as being provided as part of the Grand Prize are the sole responsibility of the Grand Prize winner.
Each Prizewinner must abide by, and is subject to, any and all minimum/maximum height, weight and health-related or safety-related requirements or restrictions that may affect accessibility to and/or use of the Prize received.
Any additional amenities awarded, other than those specifically disclosed in these rules, will be awarded at the sole discretion of the Sponsor.
Promotion Parties are not responsible for and a Prizewinner will not receive the difference between the actual value of his/her Prize at the time of award and the stated ARV in these Official Rules. The stated Prize ARV is as of the start of the Promotion Period.
No more than the Prizes stated will be awarded.
By entering this Promotion and accepting a Prize, each Prizewinner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion- or Prize acceptance–related activity. By entering this Promotion and accepting a Prize, each Prizewinner agrees that Sponsor, Ford, their designated representatives and/or the Administering Agency reserve the right at their sole discretion to disqualify and remove a Prizewinner from any activity at any time if the Prizewinner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property or the reputation of any of the Promotion Parties or otherwise violates the policies of the Promotion Parties.
GRAND PRIZE WINNER NOTIFICATION PROCESS:
On or about January 13, 2014, the Administering Agency’s designated representative will attempt to notify the potential Grand Prize winner by telephone and/or e-mail that he/she may be the Grand Prize winner in this Promotion, using the contact information provided in his/her Entry. If the potential Grand Prize winner cannot be reached after three (3) attempts have been made (within a three -contiguous-day period), or if a potential Prizewinner does not respond according to instructions provided by the Administering Agency’s representative, if any, such person may be disqualified and an alternate Grand Prize winner may be randomly selected from all eligible Entries received during the Promotion Period.
Once Administering Agency has received verbal or e-mail confirmation (as determined at the Administering Agency’s sole discretion) from the potential Grand Prize winner of his or her desire to accept the Prize (subject to verification of eligibility), the potential Grand Prize winner will be sent a Grand Prize winner Affidavit of Eligibility/Release of Liability/Publicity Release with applicable tax forms (collectively, the “Winner Documents”), via e-mail, mail or other courier service. The Grand Prize winner must complete the Winner Documents.
When completed, the Winner Documents must be notarized and returned without alteration to the Administering Agency (LA Promo, 5021 Verdugo Way, Suite 105-321, Camarillo, CA 93012) within fourteen (14) calendar days of the date the Administering Agency sent the Winner Documents. At Sponsor’s sole discretion, a disqualification may result and an alternate Entry may be randomly selected from all eligible Entries received if all winner-specific Winner Documents are not returned to the Administering Agency within the specified time.
Ford will make all reasonable efforts, subject to availability, to deliver the Grand Prize to the winner within ninety (90) days of receipt of the Grand Prize winner’s completed and accepted Winner Documents (as defined above).
WEEKLY PRIZE PERIOD WINNER NOTIFICATION PROCESS:
All Weekly Prize Period Winners, at the Administering Agency’s sole discretion, may receive their Prizes by mail or other courier service with no prior notice or may be notified that they may be a Weekly Prize Period Winner in this Promotion by telephone and/or e-mail, using the contact information provided by Participant. At its sole discretion, the Administering Agency may require a potential Weekly Prize Period Winner to execute a Winner Acceptance Agreement (“WAA”). If Administering Agency chooses to notify a potential Weekly Prize Period Winner rather than sending a Prize by mail or other courier service with no prior notice, and that potential Weekly Prize Period Winner cannot be reached within three (3) calendar days from the date of first notification attempt or doesn’t respond according to the Administering Agency’s instructions, such person may be disqualified and an alternate winning Entry may be randomly drawn from all eligible Entries received during the applicable Weekly Prize Period.
ADDITIONAL PRIZE INFORMATION/TAXES:
Prizes are not transferable or assignable and may not be substituted or redeemed for cash, except at the Sponsor’s sole discretion. Promotion Parties reserve the right to substitute a Prize or portion thereof for another Prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. If the Prizewinner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Promotion Parties will have no further obligation with respect to that Prize or portion of the Prize. Each Prizewinner is solely responsible for any and all federal, state, local and any other taxes related to the Prize, including, without limitation, EPA taxes and excise taxes (as applicable), and, as applicable or as required by law, will be issued an IRS form 1099 based on the actual Prize value at time of awarding of Prize. By entering, each Participant agrees that if selected as a potential Prizewinner, Sponsor and/or Administering Agency, may, at their option, conduct a background check on Participant. If necessary or requested, the Prizewinner agrees to sign waiver forms authorizing the release of personal and background information.
Specific to the Grand Prize, Sponsor and Administering Agency are not responsible for any delays in the delivery of the Prize. Each Prizewinner agrees that Sponsor has neither made nor is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the vehicle, including, but not limited to, the quality, mechanical condition, or fitness, except that the vehicle does include the express written limited warranties set forth in the applicable warranty booklet. Prizewinner is not eligible for any cash rebate programs.
The Grand Prize winner will be required to take delivery of his/her Prize vehicle from the Delivery Site within thirty (30) calendar days of Prizewinner’s notification of vehicle availability. If the Prize vehicle is not picked up within the thirty (30) calendar days, that Prizewinner will automatically forfeit the Prize vehicle and an alternate Entry may be selected at Sponsor’s or Administering Agency’s sole discretion.
If the Grand Prize winner’s residence is outside a distance of seventy (70) miles of the designated Delivery Site, Sponsor may provide the Prizewinner with either a transportation allowance or transportation to the designated Delivery Site, at Sponsor’s sole discretion, which will be included as part of the value of the Prize won. All other travel and transportation costs associated with collecting the Grand Prize vehicle from the designated Delivery Site are the sole responsibility of the Grand Prize winner.
GRANT—HOW THE PROMOTION PARTIES MAY USE PERSONAE-RELATED MATERIALS, AS DISCLOSED BELOW:
Except where prohibited by law, by entering this Promotion, each Participant grants the Promotion Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness, statements, biographical information, address and any information or material contained in his/her Entry (collectively, “Personae-Related Materials”) on a worldwide basis, in any manner and in all venues and forms of media, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Promotion, on Sponsor- or Promotion Party–related websites and any of Sponsor’s or Promotion Parties’ advertising and promotion materials and/or broadcasts in any form. In addition, by entering, each Participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without additional compensation, review or approval. In connection therewith, each Participant grants full permission and consent to the Promotion Parties to utilize any of the results of such photographing, filming, taping and/or interviewing in any manner and in any and all media now known or hereafter devised and hereby releases the Promotion Parties from all liability related thereto.
As a condition of entry, each Participant consents to read, agree to and sign an additional separate written agreement related to the Personae-Related Materials and/or Ford-specific affidavit if Sponsor or Ford requires, at Sponsor’s sole discretion.
Participant agrees that the Promotion Parties are not obligated to manufacture, broadcast or otherwise use or exploit any Personae-Related Materials or any part thereof. By submitting an Entry, each Participant agrees to execute any documents or take any further action required by the Promotion Parties to effectuate the intention of the grants in these Official Rules and any other agreements made by each Participant.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
EXCEPT AS MAY BE PROVIDED BY THE PRIZE PROVIDERS, The Promotion Parties make no warranties, REPRESENTATIONS oR GUARANTEES, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of A prize (EXCEPT FOR THE EXPRESS WRITTEN LIMITED WARRANTIES SET FORTH IN THE APPLICABLE WARRANTY BOOKLET). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
By entering, each Participant and each of HIS/HER agents, assignees, executors and successors agree to indemnify, defend, hold harmless and fully release and forever discharge EACH OF the Promotion Parties from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Promotion, including, WITHOUT LIMITATION, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation and/or entry in the Promotion, or resulting from acceptance, possession, quality, use or misuse of A prize, or any portion thereof, OR PREPARATION FOR OR TRavel to or from any prize- or promotion-related activity. IF ANY OF THESE OFFICIAL RULES IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE OFFICIAL RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE PROMOTION PARTIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS OR DELAYS RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT acknowledgeS that there is a possibility that subsequent to ENTERING THE PROMOTION AND AGREEING TO THESE OFFICIAL RULES, A PARTICIPANT will discover facts or incur or suffer claims which were unknown or unsuspected at the time A PARTICIPANT AGREED TO thESE OFFICIAL RULES, and which if known at that time may have materially affected A PARTICIPANT’S decision to AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS PROMOTION, EACH PARTICIPANT acknowledgeS and agreeS that by reason of thESE OFFICIAL RULES, and the releaseS contained in the preceding paragraphs, EACH PARTICIPANT assumES any risk of such unknown facts and such unknown and unsuspected claims.
Each Participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any city, state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. 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.
Each Participant agrees that the Promotion Parties are not responsible for any errors, typographical errors or misprints in these Official Rules or any materials, including, but not limited to, the advertising, promotion or offer of the Promotion. If the Promotion or, as applicable, the fulfillment of a Prize or of a Prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or wireless communication failures, tampering, unauthorized intervention, fraud, or an event of force majeure, such actions will not be considered a breach of these Official Rules. The Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Promotion or any Promotion offer and/or cancel, modify, suspend or withdraw any method of entry and select the Prizewinners from among all eligible Entries received for the Promotion prior to or after the event warranting such cancellation, modification, suspension or withdrawal. Notice of such modification or cancellation will be posted at http://www.cwtv.com. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Sponsor’s or Administering Agency’s control.
The Promotion Parties are not responsible and/or liable for any of the following, whether caused by the Promotion Parties, the Participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected Entries, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication, including, but not limited to, lost or unavailable wireless connection or failure; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment or computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information.
Each Participant, as a condition of entry, agrees that he/she has not purchased any kind of Internet service or wireless communication service whatsoever in order to participate in and/or enter the Promotion. Each Participant agrees not to knowingly damage or cause interruption of the Promotion and/or prevent others from utilizing the Promotion. Any person who supplies false information, submits Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a Prize will forfeit the Prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT ITS SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A Promotion Party’s failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. Promotion Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Promotion Parties are not responsible and may disqualify an entrant if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved at Sponsor’s sole discretion. If Sponsor determines at any time at its sole discretion that a Prizewinner or a potential Prizewinner is disqualified, ineligible or in violation of these Official Rules, Sponsor reserves the right at its sole discretion to select an alternate Prizewinner, even if the disqualified potential winner’s name may have been shown or announced on the Website or elsewhere.
Each Participant agrees that all issues, disputes and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant or the Promotion Parties in connection with the Promotion, shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of California. If any controversy or claim arising out of or relating to the Promotion, the Official Rules, or the breach of any term hereof cannot be otherwise resolved, it must be submitted exclusively to binding arbitration conducted in the county of Los Angeles, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. The remedy for any claim shall be limited to actual out-of-pocket expenses (if any), not to exceed two hundred and fifty dollars ($250), and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages, 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, and Participant further waives all rights to have damages multiplied or increased. Notwithstanding the above, each Participant agrees that any disputes, claims and causes of action arising out of or connected with this Promotion or the Prize awarded or the determination of a Prizewinner shall be resolved individually, without resort to any form of class action.
OFFICIAL RULES AND WINNERS LIST:
To receive a copy of the Official Rules during the Promotion Period and for a two (2)-month period after the Promotion Period or to receive a copy of the Winners List for a two (2)-month period after the selection of the winners by the Administering Agency, send an e-mail to SweepConRep@lapromo.com. In the subject field, type “CW Ford Fiesta Second Chance Sweepstakes Official Rules Request” or “CW Ford Fiesta Second Chance Sweepstakes Winners List Request” (as applicable). Alternatively, to obtain a printed copy of the Winners List for a two (2)-month period after the selection of the winners by the Administering Agency, send a SASE to CW Ford Fiesta Second Chance Sweepstakes, 5021 Verdugo Way, Suite 105-321, Camarillo, CA 93012.
Sponsor: The CW Network, LLC
4000 Warner Blvd.
Burbank, California 91505
Ford is not a Sponsor of this Promotion.
Administering Agency: L.A. Promotion Development, Inc., 5021 Verdugo Way, Suite 105-321, Camarillo, California 93012.
© 2013–2014 The CW Network, LLC. All rights reserved. These Official Rules and all derivative forms in any configuration © 2013–2014 L.A. Promotion Development, Inc. All rights reserved.