McGrath Automotive Group Sweepstakes
Used Car Online Giveaway
McGrathAuto.com
Used Car Online Giveaway
OFFICIAL RULES
1. ELIGIBILITY: Sweepstakes entrants and prize recipients must be legal residents of Iowa aged 18 years or older who are licensed drivers possessing a valid driver's license at the time entry. Employees, officers, and directors of McGrathAuto.com, Pat McGrath Chevyland, Mike McGrath Auto Center, Westdale Used Car Superstore, McGrath Motorsports, and their subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies (such entities collectively the "Related Entities") and the immediate families (mother, father, brothers, sisters, sons, daughters and spouse regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. By participating, you agree to these sponsor's Official Rules and the the decisions of the judges which are final and binding in all respects. Sweepstakes subject to all applicable federal, state and local laws and regulations.
2. SPONSOR: The Sponsor of this Sweepstakes is McGrath Automotive Group.PRIZE VEHICLE SUPPLIER: McGrath Automotive Group, 1600 51st ST NE, Cedar Rapids, IA 52402.
3. HERE'S HOW TO ENTER: This Sweepstakes begins at 12:00PM Central Daylight Savings Time on December 3rd, 2008 and drawing will be held at 2:00 PM Central Daylight Savings Time on February 26th, 2009
4. To enter, go to www.mcgrathauto.com and complete the Official Entry Form as directed. To complete the Official Entry Form, include your first and last name, address including zip code, daytime and evening telephone numbers, cell phone number (if available), and email address (collectively "Entry"). Entries must be received by 6:45 PM Central Time on February 25th, 2009. Limit one entry per person/per email address. Sponsor, Prize Vehicle Supplier and all of the Related Entities are not responsible for computer system, phone line, technical, hardware, software, program or server failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections or any other difficulties that are human or technical in nature. Sponsor, Prize Vehicle Supplier, and all of the Related Entities are not responsible for entries that are processed late or incorrectly or those that are lost due to computer or electronic malfunction or other error or for those entries that for any reason are not received by Sponsor prior to the stated deadlines. All entries become the property of the Sponsor and will not be acknowledged or returned. Entries must include a valid e-mail address for the entrant. By entering this sweepstakes entrant is acknowledging and giving permission to receive periodic email/mail campaigns from McGrath Automotive Group.
5. RANDOM DRAWING/SELECTION OF WINNERS: One (1) Winner will be drawn on February 26th, 2009 from among all eligible entries received. Odds of winning will depend upon the number of eligible entries received. The random drawing will be conducted by an employee of McGrath Automotive Group.
6. PRIZES AND THEIR APPROXIMATE RETAIL VALUE ("ARV"): ONE Winner will be solely responsible for all car title, license and registration fees, freight, delivery, dealer prep, emissions inspection, additional equipment, all federal, state and local taxes, (including without limitation incremental income taxes) insurance, gasoline, vehicle maintenance and all other fees and expenses associated with the receipt and use of the Prize Vehicle. The interior and exterior features of the Prize Vehicle will be designated by Prize Vehicle Supplier. "ARV" of designated vehicle, 1995 Mercury Grand Marquis with approximately 157,500 miles, is approximately $2000 US Dollars. Condtions of vehicle- average, needs minor repairs but is in proper working condition with inspection passed. Additional costs associated with all additional car options, State and County Fees to register a vehicle, will be the responsibility of the Winner. Winner must provide proof of valid insurance and a valid United States driver's license at time of delivery. Winner must take delivery at Pat McGrath Chevyland located at 1600 51st ST NE Cedar Rapids IA, 52402 within fourteen (14) days after selection of the Winner and receipt of all required materials and information from the Winner. The Winner shall be solely responsible for all travel and transportation costs, associated with transferring and/or winning of the Prize Vehicle. Neither Sponsor, Prize Vehicle Supplier, nor any other Related Entities shall be responsible for delays in transferring ownership of the Prize Vehicle from McGrath Automotive Group to Winner. McGrath Automotive Group, however, shall use all reasonable efforts, subject to availability, to transfer ownership the Prize Vehicle within five (5) days after receipt of the aforementioned items/information. The Winner shall bear all risk of loss or damage to the Prize Vehicle after ownership has been transferred from McGrath Automotive Group to Winner. The Winner must personally retrieve the Prize Vehicle within fourteen (14) days of notification and must present adequate personal identification and evidence of legally required insurance at time of delivery. In the event the Winner does not provide adequate personal identification and evidence of legally required insurance, an alternate winner shall be selected and the original Winner's rights to the Prize Vehicle shall be automatically forfeited. The Prize Vehicle will be transferred to the Winner solely with the express written limited warranties set forth in the Prize Vehicle's applicable Owner's Guide, which warranties shall run for the term set forth in said Guide. Prize Winners are solely responsible for any and all costs not stated herein.
7. WINNER NOTIFICATION/RELEASES: Potential Prize Winners will be notified by mail, phone, and/or email on or about February 26, 2009 by McGrath Automotive Group to the address provided by potential winner on his/her entry form. Potential Prize Winners will be required to execute and return an Affidavit and, unless prohibited by law, a Release within five (5) business days of notification attempt or prize may be forfeited. Noncompliance may result in disqualification. If a prize winning notification letter or a prize is returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner in a random drawing from among remaining eligible entries. Sponsor is not responsible for fraudulent calls or e-mails made to Entrants or potential Prize Winners not by Sponsor or McGrath Automotive Group. A selected potential Prize Winner will not be an official Prize Winner until his/her Affidavit and, if applicable, Release has been returned, and eligibility has been formally verified. Each official Prize Winner must supply Sponsor with his/her social security number for tax purposes. Prizes will be awarded provided they are properly claimed.
8. DISPUTES: By entering the Sweepstakes, entrants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Iowa 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 Iowa. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Iowa, County of Linn, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. GENERAL: Prizes are non transferable and no substitutions allowed. In the event a Prize is unavailable, Sponsor reserves the right to award a Prize of equal or greater value. All expenses on receipt and use of the prize and any federal, state, and local taxes on the prize are the sole responsibility of the Winner. By entering this Sweepstakes, all entrants, including Prize Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor, Prize Vehicle Supplier, all of the Related Entities and each of their officers, directors, employees and agents from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery and any travel related thereto. Further, Each Prize Winner consents to the use of his/her name, voice, picture, video and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. Name of Prize Winner will be posted on McGrath Automotive Group Websites including, but not limited to, www.patmcgrathchevyland.com, mcgrathauto.com, mikemcgrathautocenter.com, westdaleucs.com, mcgrathauto/sweepstakes.com. Sponsor reserves the right to correct typographic, clerical or printing errors in any Sweepstakes materials. No more than the stated number of prizes will be awarded Sponsor reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, Sponsor finds such entrant to be tampering with the entry process or the operation of the Sweepstakes, or if such entrant repeatedly shows a disregard for, or attempts to circumvent these Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant, Sponsor, Prize Vehicle Supplier, other Related Entities; or (c) in any other disruptive manner. Entrants acknowledge that the stated parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
10. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all non-suspect entries received at the time of the Sweepstakes termination. The Sponsor and Related Entities 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. The Sponsor and Related Entities are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR 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 SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Uses of automated devices are not valid for entry.
11. USE OF INFORMATION: The information that you provide in connection with the Sweepstakes may be used by Sponsor in accordance with its Privacy Policy.
12. WINNERS' LIST/OFFICIAL RULES: To request a Winners List (available after 12/1/08), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to: McGrath Auto, 1600 51st ST NE Cedar Rapids, IA, 52402 c/o McGrath Sweepstakes. Please specify "Winners List" OR "Official Rules" on the outer envelope.
13. NATURE OF SPONSOR'S BUSINESS: Automotive Sales