2014 DREAM BIG SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS
INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU
ARE NOT ELIGIBLE OR LOCATED OUTSIDE THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. 50 US and DC, 18+ with valid driver’s license. Sweepstakes begins 11/18/14 and ends 5:00:00 p.m. EST 1/5/15. Contest begins 12/2/14 and ends 5:00:00 p.m. EST 1/5/15. Void where prohibited. See official rules at www.fordeventgiveaway.com/rules.aspx for prize descriptions, odds and full entry details. Sponsor: Ford Motor Company.
- ELIGIBILITY: The 2014 Dream Big Promotion (“Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older and have a valid driver’s license at the time of entry. Employees, contractors, directors and officers of, Ford Motor Company, (“Sponsor”), Flash Point Communications, LLC and their respective parents, subsidiaries and affiliated companies, distributors and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Promotion (collectively “Promotion Parties”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. Void outside the U.S. and where prohibited by law. Subject to all applicable federal, state and local laws and regulations.
- PROMOTION OVERVIEW AND PROMOTION PERIOD: The Promotion consists of a sweepstakes with a grand prize drawing (“Grand Prize Drawing”) and bonus drawing (“Bonus Drawing”) (collectively, the “Sweepstakes”) and “e-letter to Santa” (“Letter”) submission contest (“Contest”). The Promotion begins November 18, 2014 at or around 5:00:00 p.m. Eastern Standard Time (“EST”) and ends January 5, 2015 at or around 5:00:00 p.m. EST (“Promotion Period”). The Sweepstakes period (“Sweepstakes Period”) is the same as the Promotion Period. The Contest begins on December 2, 2014 at or around 11:00:00 a.m. EST and ends January 5, 2015 at or around 5:00:00 p.m. EST (“Contest Period”). The Web Site server’s clock is the official clock for this Promotion. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and judges’ decisions, which are final and binding on all matters related to the Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Google, Pinterest and LinkedIn (“Social Platforms”). You understand that you are providing your information to Sponsor and not to Social Platforms. This Promotion is subject to the terms and conditions of above mentioned Social Platforms.
- HOW TO ENTER THE SWEEPSTAKES GRAND PRIZE DRAWING: There are three (3) ways to earn an entry (“Entry”) into the Sweepstakes Grand Prize Drawing:
- Standard Entry For Grand Prize Drawing: To enter, go to www.fordeventgiveaway.com (“Web Site”) or m.fordeventgiveaway.com (“Mobile Site”) during the Promotion Period from your computer or mobile device. (a) VIA COMPUTER: If you are entering from a computer, watch one of the five short videos posted on the Web site (each a “Sweepstakes Video”) and then complete and submit in full an official entry form at the Web Site to receive one (1) entry (“Standard Entry”) into the Sweepstakes Grand Prize Drawing. (b) VIA MOBILE DEVICE: To enter from a mobile device, answer three (3) trivia questions (“Trivia Questions”) for one of the five vehicles listed on the Mobile Site and then complete and submit in full an official Sweepstakes entry form via your mobile device at the Mobile Site to receive one (1) Standard Entry into the Sweepstakes Grand Prize Drawing. Quiz questions will not be judged. Your mobile carrier’s data rates may apply. If you register for the Dream Big Test-Drive offer after being served with a Facebook ad for the Test-Drive, you may also elect to enter the Sweepstakes Grand Prize Drawing during the Test-Drive registration process to receive one (1) Standard Entry into the Sweepstakes Grand Prize Drawing. Each Entry must be filled out completely and accurately with first and last name, daytime telephone number (including area code), street address (no PO Boxes please) and email address. Computer entrants may watch additional Sweepstakes Videos to receive up to a total of five (5) Standard Entries into the Sweepstakes Grand Prize Drawing. Mobile entrants may answer additional sets of three Trivia per vehicle to receive up to a total of five (5) Standard Entries into the Sweepstakes Grand Prize Drawing. Limit five (5) Standard Entries per person/email address during the Promotion Period.
- Sharing Entry For Grand Prize Drawing: After submitting a Standard Entry, entrants can share the Promotion via a unique URL on their Facebook, Twitter, LinkedIn, Google+ and Pinterest accounts inviting their friends to enter the Sweepstakes. For every five (5) people who enter the Sweepstakes via the entrant’s unique URL, the entrant will receive one (1) sharing entry (“Sharing Entry”) into the Sweepstakes Grand Prize Drawing. Limit five (5) Sharing Entries per person/email address during the Promotion Period.
- Personal Page Entry For Grand Prize Drawing: After submitting a Standard Entry, entrants will have the opportunity to create a personal page on the Web Site tracking the entrant’s Entries into the Sweepstakes. Entrants who complete the steps to create a personal page will receive ten (10) personal page entries (“Personal Page Entries”) into the Sweepstakes Grand Prize Drawing. Limit ten (10) Personal Page Entries per person/email address during the Promotion Period.
Any form of entry other than that described herein is void. Online entrants must have a valid email address in order to enter. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) which is responsible for assigning email addresses or the domain name associated with the submitted email address. All online entries must be received and recorded during the Promotion Period to be eligible for the drawing.
- HOW TO ENTER THE SWEEPSTAKES BONUS PRIZE DRAWING: After submitting an Entry into the Sweepstakes Grand Prize Drawing, entrants will have the opportunity to log into their Facebook account, if not already logged in, and post a comment on the Web Site to earn one (1) entry (“Bonus Entry”) into a Bonus Drawing. Comment must include #fordsweepsentry to qualify, content of the comment will not be judged. Any form of entry other than that described herein is void. All Bonus Entries must be received and recorded during the Promotion Period to be eligible for the Bonus Drawings.
- HOW TO ENTER THE CONTEST: During the Contest Period, individuals who have created personal page as set forth above may also submit an “e-letter to Santa” (“Letter”) on the Web Site describing what he or she wishes for in accordance with the Contest entry requirements set forth below to receive one (1) entry into the Contest (“Contest Entry”). The Letter can be a video or text and entrants may submit their Letter by 1) uploading a YouTube link to the Letter, 2) using your webcam video to record your Letter through the Web Site, or by 3) submitting a text Letter. All Letters must be in English. Video Letters must be one (1) minute or less and length and text Letters must be 300 characters or less. Letters must comply with the following Contest Entry Guidelines to be eligible:
If you think that any Letter infringes your intellectual property rights, please follow the notification guidelines as stated herein. Ford Motor Company investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA”). If you believe that any content on this Site infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
- Entry must comply with these Official Rules and any Terms of Service on the Web Site;
- Entry uploaded through the Web Site must be in digital format (other than Essays) and must comply with the posting requirements set forth above and as posted on the Web Site;
- Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot be obscene or offensive, endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor;
- No background artwork should appear in an Entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
- Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entry cannot depict, and cannot itself, be in violation of any law.
William J. Coughlin
Suite 800 South
330 Town Center Dr.
Dearborn, Michigan 48126
Email address: email@example.com
Phone number: 313-322-7726
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
- A statement that the information your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf. For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees. LETTERS POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SUBMITTER AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to submitter.
- CONTEST ENTRY CONDITIONS: ENTRIES POSTED TO THE WEB SITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Contest Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
By submitting a Contest Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Letter on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not monitor/screen entries prior to posting them to the Web Site.
By entering, you acknowledge that Sponsor has no obligation to use or post any Contest Entry you submit. By submitting a Contest Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or voice is used in the Letter and (f) and that publication of the Letter via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor and Administrator from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner. Submission of Contest Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such entry in any way, in any and all media, without limitation, and without consideration to the entrant. Submission of any Contest Entry further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor any all rights, title and interest in the entry, including, without limitation, all copyrights. Any person featured in a Letter must sign a release prior to awarding of prize.
By accepting a prize, the Contest winner agrees that its Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Letter, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Contest Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from winner, that the winner secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title and interest in and to the winner’s Contest Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Any model(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Contest Entry. Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
- CONTEST VOTING: During the Contest Period, Letters will be posted to the Web Site and consumers will be able to vote on which Letters they like. Limit one (1) vote per person during the Contest Period. If more than one (1) vote is received from the same person, all votes from said person will be disregarded. Sponsor reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Any attempt by the entrant and/or his/her respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the entrants for whom the improper votes were received if the Sponsor determines that that entrant was involved in any way in the perpetration of such fraud. Votes from IP addresses outside of the 50 United States and DC are not valid and will be disqualified.
- CONTEST JUDGING: Each eligible Contest Entry will be judged by a qualified panel of judges based equally on the following criteria: 1) originality, 2) creativity, and 3) number of votes. The entrant receiving the highest score from the judges will be the winner for the Entry Period in which he or she submitted their entry, all subject to verification. In the event of a tie, a tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. Judges’ decisions are final in all matters relating to this Contest.
- SWEEPSTAKES DRAWINGS: Potential Sweepstakes Grand Prize and Bonus Drawing winners will be selected in a random drawing from among all eligible entries received, on or about February 5, 2015 by an independent judging agency, whose decisions are final and binding in all respects. SWEEPSTAKES GRAND PRIZE (1): One (1) Grand Prize winner will win one (1) $30,000 voucher to be applied towards the purchase of winner’s choice of one of the following vehicles: 2014 Ford Fusion, 2014 Ford Escape, 2014 Ford Focus, 2014 Ford F-150, or 2014 Ford Super Duty®. Approximate Retail Value of prize (“ARV”): up to $30,000.00. Grand Prize winner is responsible for all costs in excess of $30,000. If selected vehicle is less than $30,000, the difference will not be awarded to Grand Prize winner. Voucher may not be applied towards, title, license, insurance and registration fees required in claiming the vehicle, applicable sales taxes 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. Voucher may be applied towards any factory upgrades or options. Model, color, package, factory options, and other prize specifics are subject to availability. Other than the manufacturer’s limited warranty, Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the vehicle including but not limited to its quality, fitness for purpose or mechanical condition. Grand Prize Winner (or such winner’s parent or legal guardian, if applicable) must have proof of a valid U.S. driver’s license from their state or place of residence in the United States and will be required to provide proof of insurance in order to take delivery. Grand Prize Winner must enter into a signed purchase agreement with the Grand Prize voucher within 60 days of date listed on signed Affidavit of Eligibility and Liability/Publicity Release (“Delivery Date”). Failure to provide proof of a valid driver’s license and proof of insurance prior to delivery, or failure to enter into a signed purchase agreement with the Grand Prize voucher within 60 days of the Delivery Date may result in prize forfeiture and selection of an alternate winner. Sponsor shall not be responsible for delays in delivery of the prize vehicle. All other costs not specifically stated herein as being awarded are the responsibility of the Winner.
- SWEEPSTAKES BONUS DRAWING PRIZE (1) AND NOTIFICATION: The Bonus Drawing winner will receive $500 awarded in the form of a check made payable to the winner. Please allow 4-6 weeks for shipment of prize after winner verification and confirmation. ARV: $500. Bonus Prize Winner will be notified by Sponsor via Facebook direct message including instructions to redeem. Sponsor will make one (1) attempt at contacting the Bonus Drawing Prize winner. Sponsor is not responsible for undeliverable Facebook messages. Bonus Drawing Prize winner is responsible for maintaining active Facebook account status and checking Facebook messages for winner notification during Promotional Period. Unclaimed and/or lost prizes will not be awarded.
- CONTEST PRIZE (1): The Contest Prize winner will receive $5,000 awarded in the form of a check payable to the winner. Please allow 4-6 weeks for shipment of prize after winner verification and confirmation.
- ALL PRIZES: Taxes (INCLUDING ANY INCOME TAXES) are the sole responsibility of the winner, regardless of whether prize is used in whole or in part. Sweepstakes Grand Prize Winner and Contest Winner will be issued an IRS 1099 form for the retail value of the prize. No substitution, cash equivalent, or transfer of a prize will be permitted, except that Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. All prize details are at Sponsor’s sole discretion. Unclaimed prize will not be awarded. Odds of winning a Grand prize or Bonus Drawing prize depend on the number of eligible entries received during the corresponding entry period. Total ARV of all prizes: $35,500.
- SWEEPSTAKES GRAND PRIZE AND CONTEST WINNER NOTIFICATION/REQUIREMENTS: Potential winners will be notified by e-mail and/or phone at Sponsor’s discretion on or about February 5, 2015. If Sponsor cannot locate a winner within seven (7) days of date of attempted notification, the prize may be forfeited. Potential winners shall be required to complete, sign and return to Sponsor an Affidavit of Eligibility and a Liability/Publicity Release (unless otherwise prohibited) within seven (7) days of date of attempted notification. If a winner cannot be contacted within seven (7) days, fails to complete, sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period, is not in compliance with these Official Rules, or a prize or prize notification is returned as undeliverable, prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- ENTRANT'S PERSONAL INFORMATION: Personal information collected from Entrants is subject to the Privacy Statement found at https://www.fordeventgiveaway.com/privacy.aspx. By entering the Promotion, you expressly agree to the terms of the Privacy Statement. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- GENERAL CONDITIONS: By accepting a prize, each winner grants Sponsor and/or their designees the right to use his/her name, biographical information, testimonial, photo and/or likeness and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Released Parties (as defined below) are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, stolen, misdirected, undelivered or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion for any reason, including, but not limited to, should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, randomly select the winners from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.
- LIMITATION OF LIABILITY: By entering the Promotion, entrants agree that the Promotion Parties, Facebook, Inc. and their respective officers, directors, employees and agents (collectively, “Released Parties”) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto).
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. . THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) 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; (3) 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, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S 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 EVERY ENTRANT.
- GOVERNING LAW/JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Michigan, in the County of Wayne.
- SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- WINNERS LIST: For the names of the winners or copy of Official Rules, send your request to 2014 Dream Big Sweepstakes Winners List 3070 Bristol St. Suite 580, Costa Mesa, CA 92626. Requests must be received by February 5, 2015.
- SPONSOR: Ford Motor Company, 16800 Executive Plaza Drive, Dearborn, MI 48126.
- ADMINISTRATOR: Flashpoint Communications, LLC, 3070 Bristol St. Suite 580, Costa Mesa, CA 92626