TheDrive.com “The Hunt” Contest
Revised 11/28/15
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND 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.
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SUBMITTING A PRIZE CLAIM AS DEFINED HEREIN VIA TWITTER REQUIRES A TWITTER ACCOUNT AND INTERNET CONNECTION IS REQUIRED. “PROTECTED” TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND PRIZE CLAIMS. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INC. (“TWITTER”).
Eligibility: The TheDrive.com “The Hunt” Contest (the “Contest”) is open to legal residents of the 50 United States and the District of Columbia, age 18 or older at the time of participation. Void outside the U.S., in Puerto Rico and wherever else prohibited by law. Employees, shareholders, officers, directors and agents of TI Media Solutions Inc. (the "Sponsor"), TheDrive.com, The Ninety Agency, LLC, their respective parents, subsidiaries, affiliates, advertising and promotion agencies, individuals who are engaged in the development, production or administration of the Contest, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
Timing: The Contest begins at 12:00:01 AM Eastern Time ("ET") on Monday, November 30, 2015 and ends at 11:59:59 PM ET on Friday, December 11, 2015 or once the Vehicle has been located by the first three (3) participants as defined in the How to Participate section, below (the "Contest Period"). The Contest Vehicle, as defined below, will be available to be found and Prize Claims may be submitted after the Friday, December 4, 2015 clue to the Contest Vehicle location is released (the “Final Clue”).
How to Participate: At the time the Final Clue is released, Sponsor will park a 2015 Alfa Romeo 4C coupe (the “Contest Vehicle”) at a location to be chosen by Sponsor within the 50 United States or District of Columbia. The Sponsor will post clues to the location of the Contest Vehicle by posting to any or all of the following or via other methods of posting to be determined in Sponsor’s sole discretion: www.twitter.com/thedrive via @TheDrive; www.facebook.com/thedrive; www.instagram.com/thedrive via @thedrive; www.thedrive.com; and TheDrive.com Hot Laps newsletter. Each participant (the “Participant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
The first Participant to complete the following steps (the “Prize Claim”) after the Final Clue has been released will be deemed the potential winner of the Grand Prize:
- Locate the Contest Vehicle;
- Cross the designated prize claim line (the “Prize Claim Line”);
- Take a photo of himself/herself with the Contest Vehicle taken during the Contest Period and after crossing the Prize Claim Line (the “Photo”); and
- Post the Photo to Twitter including the hashtags #huntfor4C and #contest.
The second and third Participants to locate the Contest Vehicle and submit a Prize Claim after the Final Clue has been released will be deemed the potential winners of a Runner Up Prize each and be deemed an alternate winner of the Grand Prize. The potential Grand and Runner Up Prize winners must also correctly indicate to the independent judging organization representative for the Sponsor on site that they are there to attempt to claim Grand or Runner Up Prize and will be required to produce their current, valid government-issued photo identification, complete and sign any required documentation as provided by the independent judging organization, and complete and sign the Prize Claim Documents as outlined in the Winner Confirmation section below. All winning claims are subject to verification by Sponsor, and/or the independent judging organization. Only the Sponsor’s verification process shall be conclusive and final. All prize claims will be overseen by an independent judging organization, whose decisions, along with the Sponsor's, are final and binding in all respects. In the event of a tie in the timestamp for the posting of the Prize Claim for any prize, the Participant who crossed the designated Prize Claim Line first will be deemed the potential winner of such prize. In the event any prizes have not been claimed by the end of the Contest Period, such prizes will remain unclaimed. The Sponsor may, in its sole discretion, post additional clues to the Contest Vehicle’s location after the Final Clue has been posted. Limit: One (1) prize per person during the Contest Period.
To submit a Prize Claim via Twitter, individuals will need a Twitter account (“Account”). If you don’t already have an Account, visit www.twitter.com to create an Account; creating an Account is free. By submitting your information and creating an Account, you will be required to agree to the Twitter terms of service and privacy notice.
Photo Requirements:
- Photo must be taken during the Contest Period and after crossing the Prize Claim Line after the Final Clue has been posted.
- Once a Photo has been submitted, it cannot be modified by Participant.
Submission of a Prize Claim to the Contest does not indicate the Participant or Prize Claim has complied with the Official Rules. The Sponsor and independent judging organization will review all Prize Claims during the Contest Period and reserve the right in their sole and absolute discretion to reject, disqualify and/or remove any Prize Claim (along with the Participants’ who submitted them) that violates these Official Rules or is otherwise inappropriate without any notification or warning.
All Prize Claims must comply with the following minimum guidelines to be eligible:
- Photo must be original and owned by Participant.
- No duplicate Prize Claims may be submitted.
- If Photo is taken by a third party, Participant must have secured all rights and clearances to the Photo from the photographer.
- Photo cannot contain images that are irrelevant to the purpose of the Contest.
- Prize Claim cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Prize Claim cannot promote alcohol, illegal drugs or tobacco.
- Prize Claim cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.
- Prize Claim cannot defame, misrepresent or contain disparaging remarks about people or companies.
- Prize Claim cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Prize Claim cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Prize Claim cannot depict illegal activity and cannot itself be in violation of any law.
- Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
By participating or by submitting an Prize Claim, Participant warrants and represents that: (a) Photo does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Participant has obtained written permission from a third party whose photograph is being used in the Prize Claim; (c) Participant owns all rights to the Prize Claim, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Participant himself/herself; (d) publication of the Prize Claim via various media, including posting on Sponsor website(s), will not infringe on any third-party rights; and (e) Participant will indemnify and hold harmless the Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of Participant’s representations and warranties herein, the Prize Claim, or Participant’s conduct in creating the Prize Claim, the acceptance or use of any prize or otherwise in connection with this Contest.
By submitting a Prize Claim, Participant warrants and represents that he/she and any other persons appearing or who are otherwise identifiable in the Prize Claim consents to the submission and the use of the Prize Claim. By participating, Participant grants Sponsor permission to use his/her name, hometown, photograph or image for future advertising and publicity purposes in any and all media without additional compensation, notification or permission. Sponsor reserves the right in their sole and absolute discretion to alter, change or modify any Prize Claim, which includes the Photo. Prize Claims made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest.
No responsibility is assumed for lost, late, misdirected, incomplete, incorrect, garbled, altered, delayed or illegible Prize Claims.
Winner Confirmation: The potential Grand and Runner Up Prize winners will be provided with an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where allowable, a Publicity Release (collectively, the “Releases") and be will be required to sign and return the Releases within five (5) days of receipt. Releases will require the winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, his/her prize will be awarded in the name of his/her parent or legal guardian who must execute the Releases on the minor winner’s behalf, as applicable.
If the Releases are returned as undeliverable or if the potential winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited. If a potential Grand Prize winner’s prize claim is forfeit, the Runner Up Prize winner that submitted the next-earliest Prize Claim will be deemed the Grand Prize winner, as available. In the event no winner is confirmed for any prize, such prize the will remain unawarded. Prizes will be awarded within approximately 4-6 weeks of winners being verified. If Sponsor so elects, a potential prizewinner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential prizewinner on the basis of the findings resulting from such background check.
Prizes/Approximate Retail Value (“ARV”):
Grand Prize: One (1) Grand Prize is available to be won. Grand Prize includes winner’s choice of: a) up to $39,075 towards a two-year lease on a 2015 Alfa Romeo 4C coupe and $5,000 awarded in the form of a check; or b) $20,000 awarded in the form of a check (the “Cash Alternative”). If actual value of the lease is lower than the ARV stated herein, the difference will not be awarded. Sponsor to determine dealership to be utilized to award Grand Prize at its sole discretion. Vehicle color and options may be subject to dealer inventory and lease availability at the time of prize award. Conditions of Grand Prize lease, if applicable, including but not limited to mileage allowed per year, winner credit and lease approval by dealership, and required insurance coverage, are subject to dealership and/or manufacturer’s lease terms and conditions. In the event the Grand Prize winner does not pass the dealership credit and/or lease approval, winner may choose to accept the Cash Alternative or decline the Grand Prize in its entirety.
The maximum ARV of Grand Prize: $44,075.
Runner Up Prizes: Two (2) Runner Up Prizes are available to be won. Runner Up Prize includes $1,000 gift card.
The ARV of Runner Up Prize: $1,000 each.
Total maximum ARV of all prizes available to be won: $46,075.
Prize Conditions: All expenses related to the acceptance or use of the prize or above the maximum ARV listed for any prize component are the sole responsibility of prize winner. Prizes are not redeemable for cash, except at the sole discretion of the Sponsor. Prizes are non-assignable or transferable, except to a surviving spouse. No substitution is permitted except if prize or prize component is unavailable, in which case a prize of equal or greater value will be awarded. Any other incidental expenses, including but not limited to optional equipment, title, insurance, and registration fees as well as all other expenses relating to the receipt and use of Grand Prize vehicle, including any travel and transportation costs associated with collecting the vehicle and any additional costs, repairs, or expenses required upon the return of the vehicle at the end of the lease, on Grand Prize not specified herein are the sole responsibility of each winner. Except where prohibited by law, participation and acceptance of prize constitute permission to use each winner's name, prize won, hometown, likeness for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
The winner is responsible for all federal, state and local taxes, if applicable.
Winner acknowledges that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
Release: Participants agree to these Official Rules and the decisions of US Sweepstakes & Fulfillment Company and the Sponsor, and release the Sponsor, TheDrive.com, The Ninety Agency, LLC, and their respective parents, affiliates, subsidiaries, and related entities, successors and assigns, units and sponsors, divisions and advertising and promotional agencies, prize suppliers and all other businesses involved in this Contest, and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the respective directors, employees, representatives and agents of each (collectively, the “Released Entities”), from all claims and liability relating to their participation in the Contest and the acceptance and use/misuse of the prizes offered. Winners assume all liability for any injury, including death, or damage caused or claimed to be caused by participation in this Contest or use/misuse or redemption of the prizes. Sponsor is not responsible for any typographical or other error in the printing of the offer and/or administration of the Contest and/or in the announcement of the prize.
Indemnity: Winners shall indemnify, defend and hold harmless the Released Entities from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) winners’ participation in the Contest; (b) a breach or allegation which if true would constitute a breach, of any of winners’ representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
Force Majeure: Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, 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, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest.
Disputes: Except where prohibited, Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. 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, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
ALL PARTICIPANTS AND PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS\ CONTEST WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Privacy: By entering and providing any required information, Participants acknowledge that the Sponsor may also send information, samples or special offers it believes may be of interest to Participant, or other information or goods offered by its marketing partners. Personal information collected from Participants is subject to the Sponsor Privacy Policy, which can be found at https://subscription.timeinc.com/storefront/privacy/thedrive/generic_privacy_new.html?dnp-source=E.
Official Rules: To request a copy of the Official Rules, see www.thedrive.com/thehunt or send a self-addressed, stamped envelope by December 11, 2015, to: TheDrive.com The Hunt Contest, Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
Winners List: For a written confirmation of the winner (available after Friday, December 11, 2015) send a stamped, self-addressed envelope (to be received no later than Friday, January 18, 2016), to: TheDrive.com The Hunt Contest, Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
Sponsor: TI Media Solutions Inc., 225 Liberty St., New York, NY 10281.
Void outside the United States, in Puerto Rico, and wherever else prohibited.
The Contest is in no way sponsored, endorsed or administered by, or associated with Alfa Romeo.