OFFICIAL RULES –VINWIKI SWEEPSTAKES (VINwiki, Inc.)
NO PURCHASE IS NECESSARY TO ENTER THE SWEEPSTAKES.
EACH SWEEPSTAKES ENTRY WILL HAVE AN EQUAL CHANCE OF WINNING. MAKING A PURCHASE OF A PRODUCT OR SERVICE WILL NOT IMPROVE AN INDIVIDUAL ENTRY’S CHANCES OF WINNING.
Eligibility: This Sweepstakes is open only to individuals (a) at least 13 years of age or older at the time of the entry; and (b) whom are legal residents of the fifty states of the U.S. or the District of Columbia (D.C.), who are physically located and residing therein (excluding Florida, New York, Guam, Puerto Rico and all other U.S. and foreign territories and possessions); and (c) have a valid driver’s license as well as proof of insurance at the time of entry. Residents of Florida and New York are currently not eligible to enter into the Sweepstakes at this time. The Sponsor will update these Official Rules, upon receiving approval of the Sweepstakes from the states of Florida and New York, for the purposes of enabling the eligibility for Florida and New York residents into the Sweepstakes. Officials and employees of the Sponsor, its affiliates, related advertising and promotional agencies, and their immediate family members and members of the same household of such employees are not eligible to participate in the Sweepstakes, in addition to any other persons or entities directly associated with this Sweepstakes (together with the Sponsor, the “Sweepstakes Entities”). By entering this Sweepstakes, Entrants accept and agree to be bound by these Official Rules and the decisions of the Sponsor. Sweepstakes void where prohibited by law.
Prize: The winner of the Sweepstakes will receive a 1995 Porsche 911 (the “Prize”). The approximate retail value (the “Value”) of the Prize is $35,000. The Sponsor makes no representation or warranty concerning the appearance, safety or performance of the Prize. The depiction of the Prize in any advertising or promotional materials may not reflect the actual Prize delivered to the Winner. Sponsor will determine all features of Prize, including, but not limited to, color of exterior and interior, and all other features or upgrades. The Prize is awarded “as is” with no warranty or guarantee, either express or implied, other than any manufacturer’s warranty, if any, that covers the Prize.
Odds of Winning: The odds of winning the Prize depends on the total number of eligible entries received during the Sweepstakes Period.
Sponsor: The Sponsor of this Sweepstakes is VINwiki, Inc., 4037 St. Georges Court, Gwinnett, Duluth, Georgia 30096.
Sweepstakes Period: The Sweepstakes begins at 12:00 am Eastern Standard Time on October 16, 2019 and conclude at 11:59 pm Eastern Standard Time on the date the VINwiki YouTube Channel reaches 1,000,000 subscribers (the “Sweepstakes Period”). The VINwiki YouTube Channel is located at https://www.youtube.com/vinwiki. The Sponsor, in its sole discretion, will determine the date and time at which the 1,000,000 subscribers of the VINwiki YouTube Channel is deemed obtained by VINwiki.
Sweepstakes Entry Requirements: In order to enter the Sweepstakes, an entrant must (a) download the VINwiki app and have a registered VINwiki account for the VINwiki app and (b) make a minimum of twenty-five (25) posts under the entrant’s account within the VINwiki app (the “Posts”). Qualifying entries will be automatically entered into the Sweepstakes for a chance to win. Registered VINwiki account holders can opt out of Sweepstakes by sending an email to [email protected] with the Subject Line “Opt Out of VINwiki Sweepstakes”. A VINwiki account can be obtained by following the registration process at https://vinwiki.com/ or within the VINwiki app after downloading it from the App Store or Google Play.
All entries must be received during the Sweepstakes Period to be eligible for the Prize. Only one (1) entry per person. Entries will be deemed made by the authorized VINwiki account holder submitting the entry. The authorized VINwiki account holder is the natural person who is associated with such account. If multiple entries are received by a VINwiki account holder, only the first entry will be considered, and subsequent entries will be disqualified. An entry may be disqualified if the Posts are obscene, indecent, offensive, violent, hateful, in violation of VINwiki terms or policies, or against the law as determined solely by the Sponsor.
Prize Drawings: One (1) winner will be chosen at random within ten (10) days after the close of the Sweepstakes Period. The winner will be notified by phone or e-mail. The award of the Prize is conditioned upon the winner (or their legal guardian if under 18) signing an agreement with Sponsor regarding the prize and this Sweepstakes (the “Prize Agreement”), and which may contain additional terms and conditions (including without limitation an affidavit of eligibility, publicity release, and liability waiver). If the winner does not take possession of the Prize within two (2) weeks of being notified or fails to sign and return the Prize Agreement, a new winner may be selected and notified. The winner must take delivery of the Prize from the offices of Trusted Counsel Ashley LLC, 1349 West Peachtree St. N.W., Suite 1525, Atlanta, Georgia 30309 within fourteen (14) days of the notice or else be deemed to have forfeited the Prize. The winner’s information will be available by request after the drawing by writing to Sponsor and shall be available at Sponsor’s offices. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any of the equipment or programming associated with the Sweepstakes. No Prize substitution or cash alternative is allowed except at the sole discretion of Sponsor. Prize is non-transferable and no substitutions or cash equivalents are permitted. If a Prize cannot be awarded due to circumstances beyond the control of Sponsor, then the Sponsor shall reserve the right to award a substitute prize of equal or greater retail value. Sponsor reserves the right to disqualify Entrants who fail to follow these Official Rules or who make any misrepresentations relative to the Sweepstakes and redemption of a Prize.
Taxes and Fees: Winner is solely responsible for all federal, state and/or local taxes, title, license, registration, and for any other fees or costs associated with the Prize received. Sponsor will report all Prize winnings to the appropriate state and federal agencies as required by applicable law. The winner may be required to provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the winner, for the actual value of the Prize received. Other restrictions may apply.
Publicity Authorization: Each winner agrees to permit the Sponsor to utilize his/her name and likeness in promotional and other Sponsor materials, without additional compensation or permission, except where prohibited by law.
Disputes/Choice of Law: EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE STATE OR FEDERAL COURTS LOCATED IN ATLANTA, FULTON COUNTY, GEORGIA; (2) 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 (3) UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR OR THE SWEEPSTAKES ENTITIES IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CHOICE OF LAW RULES.
Additional Disclaimer: This Sweepstakes is subject to all federal, state and local laws and regulations. This promotion is in no way sponsored, endorsed or administered by, or associated with, Porsche. Porsche is the owner of all trademark and copyrights associated with the Porsche vehicle. The information provided will only be used to contact the winner. All rights reserved. Entrants agree that Sweepstakes Entities shall not be liable for losses or injuries of any kind resulting from acceptance/possession and/or use/misuse of Prize, participation in this Sweepstakes, or any technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, or otherwise not in compliance with these Official Rules. Entrants also agree that the Sweepstakes Entities are not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from this Sweepstakes and its Prize. The Sweepstakes Entities are not liable for damage to a user’s computer system in any way due to an entrant’s participation in this Sweepstakes or downloading any information in connection with this Sweepstakes, including without limitation any server failure, lost, delayed or corrupted data or other malfunction. The Sweepstakes Entities reserve the right to modify or cancel the Sweepstakes if it becomes technically corrupted.
Limitation of Liability: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each of their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for: (i) any claim or cause of action, including, but not limited to, property loss, damage, personal injury, or death, in connection with the Prize provided pursuant to the Sweepstakes; (ii) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, telephone calls, or postal mail; (iii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iv) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (v) any technical, mechanical, printing or typographical or other error; (vi) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website; (viii) any injury or damage to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (ix) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements and the decisions of the Sponsor; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct of entrant.
Rules: For an additional copy of these Official Rules, send a self-addressed, stamped envelope, specifying which Official Rules you are requesting, to: VINwiki, Inc. c/o Trusted Counsel Ashley LLC, 1349 West Peachtree St. N.W., Suite 1525, Atlanta, Georgia 30309, Attention: VINwiki Sweepstakes Rules.