NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Cruz.com Car Give-Away (collectively, with the Referral Prize give-away, the “Sweepstakes”) is void outside the United States, in Puerto Rico and other U.S. commonwealths, territories and jurisdictions (including overseas military installations), Hawaii, Alaska, New York, Florida, Rhode Island, and wherever prohibited by law. These Cruz.com Car Give-Away Official Rules (the “Rules”) constitute a legally binding agreement by and between you and Cruz, Inc. and govern your entry in the Sweepstakes. FOR ADDITIONAL CONDITIONS OF WINNING THE SWEEPSTAKES, PLEASE SEE THE “RESPONSIBILITIES OF WINNER” SECTION BELOW.
SPONSOR. The sponsor of the Sweepstakes is Cruz, Inc. of 113 East Spruce Street, Beresford, SD 57004 (the “Sponsor”).
SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins on September 29, 2017 and ends the earlier of: (i) when ten thousand (10,000) entries have been received, or (ii) on July 31, 2018 (the “Promotion Period”). All valid entries must be received during the Promotion Period. No entries into the Sweepstakes will be accepted before or after the Promotion Period.
ELIGIBILITY. The Sweepstakes is open only to legal residents of the United States (excluding residents of Alaska, Hawaii, New York, Florida, Rhode Island, Puerto Rico and other U.S. commonwealths, territories, jurisdictions, and overseas military installations) who are 18 years of age or older as of the start of the Promotion Period. Employees of the Sponsor, its parent companies, or its affiliates and subsidiaries (and their respective IRS dependents, immediate family members, including any spouse, child, and/or step-child, and any individuals residing in their same household) are not eligible to enter or win the Sweepstakes. The Sweepstakes is void in Puerto Rico and other U.S. territories and possessions, Hawaii, Alaska, New York, Florida, Rhode Island, and where prohibited or restricted by law. By participating in the Sweepstakes, entrants agree to abide by and be bound by the Rules and the decisions of the Sponsor, whose decisions are final and binding in all respects, and waive any right to claim ambiguity in the Sweepstakes or the Rules.
HOW TO ENTER. You may enter the Sweepstakes for the Grand Prize (as defined below) by: (i) registering and verifying an account at Cruz.com (the “Website”), which includes providing vehicle information for, and a picture of, a vehicle you own; or (ii) writing your complete name, address, city, state, zip code, date of birth, daytime telephone number, and email address (if available) on a 3" x 5" card and mailing the card in a first class stamped envelope to P.O. Box 90904, Sioux Falls, SD 57109. All entries for the Grand Prize must be received by the end of the Promotion Period. Limit one entry for the Grand Prize per person. Persons with duplicate entries for the Grand Prize may be disqualified.
Entrants in the Sweepstakes may also register to win a Referral Prize (as defined below) by referring friends or family to register a verified account with the Website using an individually-assigned referral link (URL) provided by the Sponsor (the “Referral Sweepstakes”). For individuals entering the Sweepstakes online, your unique referral link will be sent to the email address you provided when registering your Cruz account on the Website. For individuals entering the Sweepstakes via mail, your referral link will be sent to you via United States mail at the address you provided within five (5) business days after Sponsor receives your Sweepstakes entry. Sweepstakes entrants will receive one entry into the Referral Sweepstakes for every verified account that registers with the Website using the entrant’s referral link provided by the Sponsor. All Referral Sweepstakes entries must be received by the end of the Promotion Period.
Upon submission, all entries become the exclusive property of the Sponsor and will not be acknowledged or returned. The Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with these entry requirements. The Sponsor assumes no responsibility for lost, illegible, late, misdirected or incomplete entries or for incorrect or inaccurate entry information whether caused by equipment, software used in the Sweepstakes or Referral Sweepstakes, human processing or other error.
Except as expressly set forth in Sections 5, 8, and 9, all references to the Sweepstakes in these Rules shall also include the Referral Sweepstakes.
WARRANTIES AND CONSENTS. By participating in the Sweepstakes, you: (a) represent and warrant that (i) you have read, and agree to be bound by, the Rules, (ii) you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of the Rules by the Sponsor which are final in all matters relating to the Sweepstakes.
PRIZE/ODDS OF WINNING. The Sweepstakes Grand Prize winner will receive one used 2015 Ford Mustang EcoBoost with under thirty thousand (30,000) miles (approximate retail value (“ARV”) of $19,450. USD). Odds of winning the Grand Prize are dependent on the number of Sweepstakes entries received; provided, that if 10,000 Sweepstakes entries are received within the Promotion Period, the odds of winning the Grand Prize are one (1) out of ten thousand (10,000) entries (1:10,000). The Referral Sweepstakes Referral Prize winner will receive $1,000 USD. Odds of winning the Referral Prize are based on the number of Referral Sweepstakes entries received by the end of the Promotion Period. The Grand Prize and Referral Prize are not transferable prior to the winner claiming and accepting possession of such prizes, and are further subject to the restrictions detailed in the “Responsibilities of Winner” section of these Rules.
WINNER SELECTION. One Grand Prize winner will be selected through a random drawing from among eligible Sweepstakes entries received by the Sponsor during the Promotion Period. One Referral Prize winner will be selected through a random drawing from among eligible Referral Sweepstakes entries received by the Sponsor during the Promotion Period. The drawing for the Grand Prize and Referral Prize will be held within one week of the Promotion Period ending. The Sponsor’s decisions regarding the Sweepstakes and Referral Sweepstakes are final on all matters. ONLY ONE GRAND PRIZE AND ONE REFERRAL PRIZE WILL BE AWARDED.
WINNER NOTIFICATION; PRIZE AWARDING. Within one week of the drawing, the Sponsor will send a prize notification email to the Grand Prize and Referral Prize winners at the email address of the winners on file with the Sponsor. If the Sponsor does not have an email address on file for any winner and the winner entered the Sweepstakes via mail, the Sponsor will notify such winner via U.S. mail. The winner need not be present to win. In the event the Grand Prize or Referral Prize winner’s prize notification email (or letter, if applicable) from Sponsor is returned as undeliverable, an alternative winner will be selected by Sponsor in another random drawing of the remaining eligible entries. The Sponsor is not responsible for any change in a participant’s home address, telephone number, email address, or internet service. Participants are solely responsible for maintaining updated email and mailing addresses with the Sponsor.
WINNER’S LIST: To receive the final results of the Sweepstakes (winners’ list), please visit SiouxFalls.Cruz.com/Promotions. Results will be available after winner confirmation is complete and will remain posted for at least 60 days after all winners are confirmed.
RESPONSIBILITIES OF WINNER. The Grand Prize and Referral Prize winners will be required to execute and return an Affidavit of Eligibility and Liability/Publicity R elease (the “Affidavit”) (where permitted and applicable) to the Sponsor at P.O. Box 90904, Sioux Falls, SD 57109 within fourteen (14) days of Sponsor’s first attempt to notify the winner as set forth above. If Sponsor fails to receive a completed Affidavit from any winner within fourteen (14) days of Sponsor’s prize notification being sent, the Sponsor may deem the winner to have forfeited the prize and a new winner may be drawn. By completing, signing and returning the Affidavit, the prize winner (i) confirms compliance with these Rules, (ii) releases and forever discharges the Sponsor, its parent companies, affiliates and subsidiaries (collectively, the “Releasees”), and their respective advertising and promotional agencies, from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of any prize, and (iii) gives permission to the Sponsor, at its option, to publish or otherwise use the winner’s name, address (city and state), photograph, likeness, voice, and comments, without compensation or further notice, in any publicity carried out by the Sponsor or its respective advertising agencies, except where prohibited by law. The Referral Prize winner should send the Sponsor a picture of him or herself holding the “I’m a Winner” certificate along with his or her Affidavit.
The Referral Prize may be mailed via U.S. mail with return receipt requested to the address provided by the Referral Prize winner in his or her Affidavit, or, the Referral Prize can be collected from the Sponsor’s principal place of business within thirty (30) days of the Sponsor’s receipt of the Affidavit, or the Referral Prize may be forfeited. The Referral Prize winner must designate his or her prize collection method choice on the Affidavit returned to the Sponsor. The Grand Prize winner is responsible for all travel and fees associated with claiming and transporting the Grand Prize, which must be picked-up at the Sponsor’s principal place of business in Sioux Falls, South Dakota within thirty (30) days of the Sponsor’s receipt of the Affidavit, or the Grand Prize may be forfeited. The Grand Prize winner must also pay all registration, license, title, maintenance, and other costs incurred in claiming, registering or using the vehicle, and must present to Sponsor proof of a valid license, insurance, and any other necessary documentation as required by law, prior to claiming the Grand Prize. The Grand Prize winner agrees (i) to comply with all laws applicable to vehicle ownership and operation; (ii) to maintain the Cruz logo branding on the exterior of the vehicle for two years after claiming the Grand Prize, and (iii) to condition any sale or other transfer of the Grand Prize on the requirement that the recipient maintain the exterior Cruz logo branding on the vehicle for the duration of the two year period. The Grand Prize and Referral Prize will be awarded by the Sponsor to the respective winners only after verification that all Sweepstakes requirements have been met, including proof of ownership of the vehicle used to register the winner’s verified Website account, if the winner entered the contest online. Prizes must be accepted as awarded and no substitution, transfer, conversion or assignment of prizes will be allowed, except as provided in these Rules or at Sponsor’s sole discretion. The Sponsor may substitute a Grand Prize or Referral Prize of comparable or greater value.
All federal, state, and other taxes, are solely the responsibility of the Grand Prize and Referral Prize winners. Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the Grand Prize and Referral Prize. Failure of any winner to comply with the above prize claim requirements for any reason, or the return of any prize notification or prize as undeliverable, or the determination that a winner is ineligible to receive a prize, may result in forfeiture of the prize and result in an alternate winner being selected in accordance with the Rules. The Sponsor is not responsible for a change in any participant’s home address, telephone number, email address, or internet service. Any other prize details will be at the sole discretion of the Sponsor. Prizes will not be awarded outside the United States or where this Sweepstakes is void.
RELEASE. You agree to release all rights to bring any claim, action or proceeding against the Releasees, further covenant not to sue the Releasees, and hereby acknowledge that the Releasees have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Grand Prize or Referral Prize.
ADDITIONAL LIMITATIONS. If for any reason the Sweepstakes is not capable of running as planned due to tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. In the event that the Sweepstakes is cancelled or terminated prior to the stated end date, Sponsor may randomly select the Sweepstakes winner from among all eligible, non-suspect, entries received prior to the time of the action or event warranting such cancellation/termination. DRAWING FOR THE GRAND PRIZE IS CONTINGENT ON THE SPONSOR RECEIVING TEN THOUSAND (10,000) ENTRIES INTO THE SWEEPSTAKES DURING THE PROMOTION PERIOD. IN THE EVENT THAT TEN THOUSAND (10,000) SWEEPSTAKES ENTRIES ARE NOT RECEIVED BEFORE THE END OF THE PROMOTION PERIOD, THE SPONSOR RESERVES THE RIGHT NOT TO DRAW FOR THE GRAND PRIZE; however, the Referral Prize will be drawn from among all eligible, non-suspect, entries received in the Referral Sweepstakes prior to the end of the Promotion Period. Proof of mailing an entry form is not considered proof of delivery or receipt of a Sweepstakes entry by the Sponsor. The Sponsor assumes no responsibility for any error, omission, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or for the failure of any entry to be received by the Sponsor on account of technical problems or human error.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM YOU AND ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES AND GOVERNING LAW. By entering the Sweepstakes, you agree (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the awarding of prizes shall be resolved individually, without resort to any form of class action; (b) all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of South Dakota without giving effect to any choice of law or conflict of law rules; (c) by entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Minnehaha County, South Dakota; (d) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (e) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you, but in such circumstances, you agree that this exclusion of liability shall extend to the fullest extent permitted by law.