SING TO DRIVE YOUR DREAM CAMPAIGN
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THIS CAMPAIGN IS OPEN ONLY TO THOSE WHO ARE OVER 18 YEARS OF AGE AT THE TIME OF ENTRY, POSSESS A VALID DRIVERS LICENSE AND ARE LEGAL RESIDENTS OF THE STATE OF TENNESSEE. THIS CONTEST AND THESE OFFICIAL RULES ARE VOID WHERE PROHIBITED BY LAW. THE OFFICIAL RULES ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. THE CAMPAIGN IS SUBJECT TO ALL APPLICABLE FEDERAL AND STATE LAWS AND THESE RULES SHALL BE DEEMED AMENDED OR MODIFIED AS NECESSARY TO FULLY COMPLY WITH THE SAME. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. DESCRIPTION: The Sing to Drive Your Dream Campaign (the “Campaign”) is a talent contest that provides entrants (each, an “Entrant”) a chance to compete for an opportunity to engage in one or more advertising campaigns for the Sponsor, as described herein. The sponsor of this Campaign is Mercedes-Benz of Music City (the “Sponsor”). The Campaign to select the winner shall consist of two (2) rounds. The first round will consist of entries from interested persons submitted using the online application found at www.MBOFMC.com. A Campaign committee selected by the Sponsor will review all complete entries and select therefrom three (3) finalists, with selections based on the online vote count of all entrants, perceived musical talent and other factors deemed relevant to the committee. Finalists will be selected on July 15, 2017, finalists will be notified by July 18 and finalists must accept their selection (as provided below) in writing or via email, no later than July 20, 2017. In the event that any of the originally selected finalists cannot be contacted, or otherwise fail to accept his or her selection by the deadline, the Sponsor shall be entitled to replace such finalist with an alternate (in which case the deadlines above shall be modified for such alternate as determined by the Sponsor in its sole discretion). Without limiting the generality of the foregoing, acceptance by a finalist shall not be deemed complete unless and until the finalist executes and returns to the Sponsor written confirmation of acceptance and such contracts and releases as required by the Sponsor. No finalist shall be required to execute the same, but failure to do so may result in revocation of such Entrant’s status as a finalist. Up to three (3) finalists will be invited to attend a second round which will include live performances by each finalist at the Sponsor’s place of business, which performances shall include three (3) songs selected by Sponsor. The winner will be selected, based on these performances, by a panel of three (3) judges qualified, in the sole discretion of Sponsor, to identify and make a determination as to the musical talent of the winner. In the event that the selected winner does not fulfill its obligations hereunder in a timely manner, Sponsor reserves the right to remove such person and replace them with an alternate finalist, it hereby being acknowledged and agreed that Sponsor intends and expects to receive valuable marketing and promotional benefit from the winner’s fulfillment of its duties described herein.
2. ELIGIBILITY: The Campaign is open only to natural persons who are legal residents of the State of Tennessee and who are eighteen (18) years of age or older as of the beginning of the Campaign Period (as defined below) and possess a valid driver’s license. Employees of Sponsor, its affiliates, subsidiaries, advertising or promotion agencies and the immediate family member of the same are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state and local laws and to the extent the same are inconsistent with these Official Rules and, to the extent there is a conflict, the Official Rules shall be deemed amended so as to comply with such laws.
3. HOW TO ENTER: Campaign entries will be accepted online beginning May 28, 2017 and continuing until and through 11:59 p.m. Nashville, TN time on July 15, 2017, subject to extension or early termination by Sponsor in its discretion (the “Campaign Period”). Participants may enter the Campaign during the Campaign Period online at www.MBOfMC.com. Entrant must complete the entry form with all required information for the entry to be eligible. Limit one (1) entry per person. Any person attempting to submit multiple entries shall be disqualified in Sponsor’s sole discretion, without notice of such disqualification being required. In no event that Sponsor be liable to any Entrant or other person as a result of failure of such entry to appropriately process. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the registered account holder of the e-mail address submitted at time of entry, as long as that person meets all other eligibility requirements in these “Official Rules”. The registered account holder is deemed to be the natural person who is assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any entry, such Entrant may be required to provide Sponsor with proof of identity. No third party entry is permitted. Only eligible entries actually received in compliance with these Rules during the Campaign Period will be included in the Campaign. For purposes of these Official Rules, “receipt” of an online entry occurs when Sponsor’s servers record the entry information. Any automated computer receipt (such as a “thank you” message or one confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules. No automatic, programmed, robotic or similar means of entry are permitted and Sponsor reserves the right to disqualify any individual using such a method. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for postage-due or lost, late, illegible, incomplete, invalid, unintelligible, misdirected, or technically corrupted entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Failure to comply with these Official Rules may result in disqualification from the Campaign. IN NO EVENT SHALL THE SPONSOR BE LIABLE OR OTHERWISE RESP®ONSIBLE TO ANY PERSON FOR FAILURE OF THAT PERSONS SUBMISSION OR ATTEMPTED SUBMISSION OF ANY ENTRY TO BE PROPERLY RECORDED IN THE SPONSOR’S RECORDS OR FAILURE OF SUCH PERSON TO BE ENTERED IN THE CAMPPAIGN.
4. WINNER: The selected winner of the Campaign will: (a) receive a 3 year prepaid lease (including lease tax, title and licensing fees) of a 2017 Mercedes-Benz C Class C 300 Sedan (the “Vehicle”), (b) two tickets to the 2017 Alabama vs. Tennessee football game, along with parking and pregame passes, and (c) an opportunity to perform the National Anthem at a 2017 University of Alabama sporting event to be mutually agreed upon by Sponsor and the winner. The Vehicle shall be selected by Sponsor out of its then current inventory of vehicles, provided the same shall have a manufacturer’s suggested retail price of not less than $40,000.00. The Vehicle must be accepted as awarded and Entrants hereby acknowledge that Sponsor has neither 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 Vehicle, including, without limitation, to the Vehicle’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided by the manufacturer. In the event of a defect or other problem with the Vehicle, the winner hereby waives any claims it may otherwise have against Sponsor related to the same. The awards described herein are not transferable or redeemable for cash or exchanged for any other goods. In order to fulfill its tax reporting requirements, the Campaign winner will be required, and hereby agrees, to provide Sponsor its social security number and such other information as Sponsor determines is necessary to issue a Form 1099 and other applicable tax documents. In addition, the Campaign winner will be required to submit a credit application to Mercedes-Benz Financial Services, execute a standard form lease agreement for the Vehicle, procure and maintain (at winner’s sole expense) appropriate insurance coverage, and comply with all other standard requirements of a Mercedes-Benz Financial Services lessee.
5. SELECTION OF WINNER: The winner will be selected in the manner described herein, including Section 1 above. Sponsor reserves the right to disqualify any Entrant and may refuse to award any item of value to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Campaign, or obtained winner status using fraudulent means.
6. OBLIGATIONS OF ENTRANTS. Each Entrant hereby agrees that, if selected as a finalist, he or she will appear at the Sponsor’s place of business on July 29, 2017 to perform up to three (3) songs in the final round of the Campaign, to have such performance(s) recorded and used (in Sponsor’s sole discretion) in Sponsor’s marketing campaigns for a period of up to ten (10) years and to otherwise comply with the terms of these Official Rules. In addition to, but without limiting the generality of the foregoing, each Entrant, by submitting his or her entry and regardless of whether such Entrant is selected as a finalist or the winner, hereby irrevocably assigns and licenses to Sponsor, for no additional consideration, the right to print, publish, broadcast, distribute and otherwise use for Sponsor’s benefit, for a period of ten (10) years following the last day of the Campaign Period, each Entrant’s name, likeness, portrait, photograph, voice, likeness, image and other information submitted to Sponsor or otherwise undertaken in connection with the Campaign (which shall include, but not be limited to, Entrant’s submitted video, any performance at the final round and the winner’s performance, if any, at a University of Alabama home sporting event as described above).
7. GENERAL/RELEASES/INDEMNIFITEES: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. By entering the Campaign, participants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Entrants who do not comply with these Official Rules, or attempt to interfere with the Campaign in any way, shall be disqualified.
Entrants hereby agree to, and do, release, defend, indemnify and hold harmless Sponsor, and each of their respective officers, directors, shareholders, employees, parent and related companies, affiliates, subsidiaries, agencies and any other companies participating in the design, administration or fulfillment of the Campaign (collectively, “Released Parties”) from liability of any kind or nature for any injuries, damages or losses of any kind or any other costs or expenses resulting from or arising from any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder or from Entrant’s participation in this Campaign, or acceptance, possession or use, misuse or awarding of any award or parts thereof, including, without limitation, any injury, damage, death, loss or accident to person or property. The Released Parties are not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Campaign, in the announcement of the winners, and/or in any advertising or other associated promotional materials in connection with the Campaign. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH ENTRANT DOES IRREVOCABLY RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE CAMPAIGN OR RECIPT OR USE OF ANY AWARD INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN THE CAMPAIGN; (B) TECHNICAL ERRORS, (C) PRINTING OR TYPOGRAPHICAL ERRORS, (D)ERRORS IN THE ADMINISTRATION OF THE CAMPAIGN OR THE PROCESSING OF ENTRIES, (E) DEFECTS IN THE AWARD; AND/OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANTS PARTICIPATION IN THE CAMPAIGN OR RECEIPT OR USE OF ANY AWARD. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Campaign should any virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Campaign and no compensation will be payable. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
9. GOVERNING LAW / DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Campaign will be governed by and construed in accordance with the internal laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Davidson Country, Tennessee in any action to enforce (or otherwise relating to) these Official Rules or relating to this Campaign.
BY ENTERING THE CAMPAIGN, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN, OR ANY AWARD, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
10. WINNER LIST: To obtain the name of the winner, please contact Sponsor at 734 Envious Lane, Nashville, TN 37217.
11. SPONSOR: BIJ Motors TN, LLC, doing business as “Mercedes-Benz of Music City”.
12. COPY OF THE RULES: To obtain a copy of these rules, please send a separate, self-addressed stamped envelope to Free Sign to Drive Your Dream Rules, 734 Envious Lane, Nashville, TN 37217. Failure of Sponsor to timely deliver a copy of the rules shall not, however, result in any liability to Sponsor and the requesting party hereby waives any claim it may otherwise have related to any delay or failure to so deliver a copy of the rules.
13. TAXES: The winner will be solely responsible for all federal, state, local and other taxes (including, without limitation, sales, income and excise taxes) and for any other fees or costs associated with any award or other compensation they receive. Sponsor reserves the right to withhold and deduct such taxes and charges if and to the extent required by law.
14. SOCIAL MEDIA DISCLAIMERS: The Campaign is hosted solely by Sponsor and is in no way sponsored, endorsed, administered or associated with Facebook, Instagram, Twitter or any other social media site.
16. AGREEMENT TO OFFICIAL RULES. By submitting an entry as described above, each Entrant affirmatively agrees that he or she has reviewed, understands and accepts all provisions of these Official Rules.
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© 2017, Mercedes-Benz of Music City.