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“Van Bortel Ford and Van Bortel Chevrolet’s 2014 F150 or 2014 Silverado Giveaway” Sweepstakes

Official Rules



NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PARTICIPATION CONSTITUES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.


I. SWEEPSTAKES PERIOD. The “Van Bortel Ford and Van Bortel Chevrolet’s 2014 F150 or 2014 Silverado Giveaway” Sweepstakes (the “Sweepstakes”) begins 9:00 a.m. Eastern Standard Time ("EST"), Friday, November 15, 2013, and ends 5:00 p.m. EST, Saturday, February 15, 2014 (the "Entry Period"). Sweepstakes is sponsored by Van Bortel Ford Inc, 71 Marsh Rd, East Rochester, NY 14445 and Van Bortel Chevrolet Inc, 1338 State Highway 31, Macedon, NY 14502 (the “Sponsors”).


II.  ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States and District of Columbia (excluding HI, AK and FL), who are licensed drivers and are at least eighteen (18) years of age or older at date of entry. Officers, directors and employees of the Sponsors, their parent companies, divisions, subsidiaries and affiliates, and their respective agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to these Promotions (collectively, “Released Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Promotion is subject to all applicable federal, state, local laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.


III. HOW TO ENTER THE SWEEPSTAKES:

An individual will be deemed a Participant (“Participant” or “You”) in the Sweepstakes if eligible as per Eligibility requirements (Section II) and enter the Sweepstakes using at least one (1) of two (2) methods of entry described below:

1.) Test Drive Method of Entry: A Participant is invited to test-drive a 2014 Ford F-150 pickup truck at the Van Bortel Ford dealership in East Rochester, NY and/or test-drive a 2014 Chevrolet Silverado pickup truck at the Van Bortel Chevrolet dealership in Macedon, NY, (the “Dealership(s)”). Upon completion of test-driving one or both vehicles and completing a registration form, you will automatically be entered into the Sweepstakes. Limit one (1) entry per person, per test-drive in one or both vehicles, during the Entry Period.

2.) Mail-In Method of Entry: Legibly hand print the title of the Sweepstakes, your name, mailing address (no PO Boxes), city, state, zip code, phone numbers (day and evening), email address and date of birth on a 3”x 5” card or paper and send it in a first class stamped #10 envelope to: Van Bortel Ford F-150 & Chevrolet Silverado Sweepstakes Box 328, c/o 90 Rockwood Pl, Rochester, NY 14610. Limit one entry per person/email address during the Entry Period and must be received by February 14, 2014 in order to be included in the February 15, 2014 winner drawing. Typed, computer generated, or otherwise mechanically reproduced requests are NOT allowed and will not be accepted. By entering, you acknowledge compliance with, these Official Rules including all eligibility requirements, and the terms and conditions of the each Sponsor’s website, as applicable. Sponsors reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules or the website’s terms and conditions, as applicable, and its decisions in this regard are final. Proof that you entered the Sweepstakes by does not constitute evidence that we actually received it by the appropriate date.


Incomplete entries are void. All entries and information become the property of Sponsor and will not be acknowledged or returned.


IV. DRAWING, NOTIFICATION AND ODDS: A random drawing is to be conducted at the Van Bortel Ford dealership in East Rochester, NY, at 5:30 p.m. EST, Saturday, February 15, 2014, by a the Sponsor, whose decisions are final in all matters relating to this Sweepstakes. Potential winner will be notified by phone and email. Upon initial notification and verification of potential Grand Prize winner, confirmation will be sent to winner in writing via USPS mail, or other home delivery service of Sponsor’s choice. Odds of winning in this drawing depend upon the number of entries received by the time of the drawing.


V. GRAND PRIZE:

One (1) Grand Prize Winner will receive either a 2014 Ford F150 XLT Super Cab truck at a Approximate Manufacturers Suggested Retail Price (“MSRP”) of $39,645.00, or a 2014 Chevrolet Silverado 1500 4WD LT Double Cab truck at a Approximate MSRP of $38,335.00 (“Vehicle” or “Pick-Up Truck”). For full description of each Vehicle, go to www.vanbortelford.net or www.vanbortelchevrolet.net. 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. The Grand Prize Winner must provide proof of valid insurance and a valid driver’s license to take delivery.


VI. GRAND PRIZE TERMS & CONDITIONS: The Grand Prize Winner (“Winner”) is solely responsible for all applicable federal, state, and local taxes associated with the receipt of the prize. The Winner must choose either the 2014 Ford F150 XLT Super Cab Pick-Up Truck, or the 2014 Chevrolet Silverado 1500 4WD LT Double Cab Pick-Up Truck, within three (3) days after notification. The Vehicle’s color, features and options are chosen by the Sponsor and subject to availability, and may not exceed the MSRP of the chosen Vehicle. Rebates may apply. The amount of the vehicle payment will be paid by the Sponsor, provided, however, that the vehicle will be executed in the name of the Winner and the Winner assumes all responsibilities associated with the Vehicle prize. Winner must also execute any documents necessary to take title to such Vehicle. The payment does not include title, tag, registration fees or applicable taxes, which are the sole responsibility of the Winner. The Winner will be responsible for all other costs and expenses associated with the Vehicle prize, including but not limited to personal injuries, property damage and death to third parties, insurance, fuel, tolls, routine maintenance, excess wear & tear or damage to the car and all applicable taxes. Actual Vehicle may vary from promotional images of the Vehicle. There are no additional warranties on the Vehicle except as may be offered by the manufacturer. Winner must be a licensed and insured driver and will be responsible for picking up the Vehicle at either Van Bortel Ford in East Rochester, NY or Van Bortel Chevrolet in Macedon, NY. Any cost of transporting vehicle to another location is the responsibility of the Grand Prize Winner. Delivery of the Vehicle shall be made as soon as practical after the drawing, but in no event more than thirty (30) days after the Winner executes the Prize Claim Documents (as defined below). The Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within five (5) days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if potential Winner cannot be reached within two (2) calendar days from the first notification attempt, or if potential Winner fails to return requisite document within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, an alternate Winner may be selected for the prize at issue.


No transfer of prize will be permitted. Sponsor reserves the right, at their sole discretion, to substitute any prize with another prize (or cash equivalency) of equal or greater value in the event that the advertised prize (or any component thereof) is not available.  All decisions by Sponsors as to prizewinner and prizes are final.


VII. GENERAL TERMS AND CONDITIONS: This Sweepstakes is subject to all applicable federal, state, and local laws. The Winner receiving a prize valued over $600.00 will be required to sign the Affidavit of Eligibility/Liability and Publicity Release (“Prize Release”), and return it within five (5) days of notification. Prizewinners may also be required to send a copy of their passport, driver’s license or birth certificate as proof of age. A winner may be required to provide Sponsor with a valid social security number before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of a Winner. Non-compliance may result in disqualification. Participants consent to the use of the personal data they submit to be used solely by the Sponsors and affiliated partners for marketing purposes, statistical analysis, or customer relations. This information will never be sold or shared with third parties and all Participants will be given the opportunity to opt-out at any time.


VIII. LIMIATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to failure or incapacity by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors, that corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole and absolute discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Sweepstakes Entities and Sponsors 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. Sweepstakes Entities and Sponsors 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 email or entry to be received by each 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 relating to or resulting from participation in this Sweepstakes or downloading any materials for this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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 OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.


IX. RELEASES: All Participants, as a condition of participation in this Promotion, agree to indemnify, release and hold harmless Released Entities from 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) participating in any aspect of the Sweepstakes; or (b) the receipt, ownership, possession, use or misuse of any prize awarded. Winner’s compliance with these Official Rules, or Winner’s participation in prize related activities, constitutes Winner’s agreement that the Released Entities may use Winner’s first name and initial of last name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.


X. GOVERNING LAW/DISPUTE RESOLUTION: Except where prohibited, each Participant agrees that this Sweepstakes shall be governed by and construed in accordance with, the laws of the state of New York, without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules.  Participants agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Sweepstakes shall be resolved, upon the election by either the entrant or Sponsors, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the entities or witnesses unless otherwise mutually agreed by the entities, 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. The arbitration shall be conducted in the State of New York, in the City of Rochester, 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 New York, 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. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Unless both the Participant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator's authority to resolve Claims is limited to Claims between Sponsor and the Participant alone, and the arbitrator's authority to make awards is limited to awards to Sponsor and the Participant 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 Released Entities. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 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. Notwithstanding any other provision in these Official Rules and without waiving either party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void. 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.


If arbitration is not used to resolve a Claim, the entrant AGREES THAT THERE WILL NOT BE A JURY TRIAL. ENTRANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

XI. WINNERS LIST: For a list of names and addresses of winners, send a self-addressed, stamped business-size envelope to: Compliance/“Van Bortel Pickup Truck Giveaway Sweepstakes, PO Box 468, Stonington, CT 06378. Requests must be received by March 29, 2014.


XII. ADMINISTRATOR: Compliance Sweepstakes Services LLC, 106 Elm St., Stonington, CT 06378