“Oktoberfest Tampa Test Drive” Sweepstakes
SWEEPSTAKES TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS REQUIRED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION DESCRIPTION: The “Oktoberfest Tampa Test Drive” Sweepstakes (the “Sweepstakes”) takes place from 9:00 AM E.T. on September 1, 2016 to 6:00 PM E.T. on September 30, 2016 (the “Promotion Period”).
Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and decisions of Oktoberfest Tampa and the Tampa Bay Area Audi Dealers (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: Only legal U.S. residents residing in the fifty (50) United States and the District of Columbia, who are 18 years of age or older at the time of entry are eligible to enter.
Employees, officers and directors of Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Sweepstakes or win a prize. Sweepstakes is void where prohibited by law.
All entries become the property of Sponsor and will not be acknowledged. The Sponsor shall not be responsible for incorrect or inaccurate entry information caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
Test Drive Method: During the Entry Period, you may enter the Sweepstakes by completing a test drive of an Audi vehicle at a participating Tampa Bay Area Audi Dealer (Audi Tampa or Audi Clearwater), and then filling out a paper or online entry form, as instructed by the dealer. Audi Tampa and Audi Clearwater are the two, participating dealers for this test drive promotion. This method of entry is subject to Tampa Bay Area Audi Dealers test drive availability and requirements, which may include, but is not limited to, providing driver’s name, age, address, phone, e-mail, and valid driver’s license at the dealership. Failure of an individual to satisfy any such requirement will disqualify such individual from this Sweepstakes. By completing a test drive of an Audi vehicle at a participating Tampa Bay Area Audi Dealer, and fully completing all non-optional data requested on the entry form that will be provided to you, you will receive one (1) entry in the Sweepstakes. Entries must fully complete and submit all non-optional data requested on the entry form to be eligible. Incomplete entries are void.
Online Method: During the Entry Period, go to www.OktoberfestTampa.com/AUDI to access the online entry form for the Sweepstakes. By submitting your completed online entry form as directed, you will receive one (1) entry in the Sweepstakes. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Online entrants to the Sweepstakes will be given the option to receive commercial e-mails from Oktoberfest Tampa and Tampa Bay Area Audi; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such e-mails and consenting to do so will not increase your chances of winning.
You must complete all required information to be eligible to enter. Incomplete, corrupted, or untimely entries are void and will be disqualified.
4. RANDOM DRAWING & WINNER NOTIFICATION: The potential winner of the Sweepstakes (the “Winner”) will be selected by random drawing on or about October 3, 2016 from among all eligible entries received by the Sponsor. The decisions of Sponsor and Administrator are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received during the Entry Period.
The potential Winner will be notified by email, using contact information provided or collected at the time of entry. Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. The Oktoberfest Tampa fest kit can be picked up in person at either Audi Tampa or Audi Clearwater locations, or it can be mailed to the winning recipient at an address within the US. The Winner is required to coordinate with Oktoberest Tampa guest services for the airfare for two and hotel accommodation booking status. If, despite reasonable efforts, the prize is returned as unclaimed or undeliverable to such potential Winner, or Winner does not respond to the notification email within (7) business days, such potential Winner will forfeit his or her prize and the prize may go unawarded. At Sponsor’s discretion and time permitting, an alternate Winner may be chosen from among all remaining eligible entries If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and the prize may go unawarded.
5. WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) from all losses caused by or arising out, directly or indirectly, in whole or in part, from the participation in the Sweepstakes, or otherwise from the receipt or use of any Prize. Each Winner, by acceptance of Prize, grants to the Released Parties and each of their respective designees the right to publicize such Winner’s name, address (city and state of residence), photograph, voice and/or other likeness and Prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law. Winner’s noncompliance with these Official Rules will result in forfeiture of the Prize.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)
One prize will be awarded at the completion of this Promotion Period:
• Oktoberfest Tampa 2016 fest kit: (1) Commemorative Stein, (2) Weekend General Admission Passes, (2) vouchers for each of the following; 16oz beer/beverage of choice, bratwursts, and pretzels.
• One (1) Entry into the “Audi – Oktoberfest Tampa Test Drive” sweepstakes for a chance to win a trip for two to Germany with airfare for two persons, and 3-nights hotel paid. Flight and hotel destination locations are valid for travel to Frankfurt or Munich.
The total Approximate Retail Value (“ARV”) of the Grand Prize: $4,175.00.
Prizes are as stated and may not be altered or exchanged for perceived value or cash. Prizes are non-transferable and non-assignable, with no substitutions except at Sponsor’s sole and absolute discretion. Certain restrictions and blackout dates may apply. Instructions for redeeming prizes will be provided.
7. GENERAL PRIZE CONDITIONS: Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
8. GENERAL: Entrants agree that the Promotion Entities (A) 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 Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Released Parties are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, via e-mail or mail. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. 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 Sweepstakes or downloading materials from or use of the website.
Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, and Oktoberfest Tampa and/or their respective agents. Sponsor and Oktoberfest Tampa shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize, and (ii) disclaim any implied warranty. All disputes will be resolved under applicable U.S. laws in Hillsborough County, in the state of Florida without giving effect to choice of law or conflicted law principles (whether of the state of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Florida. Sponsor’s or Administrator’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.
The Sponsor and Oktoberfest Tampa, as applicable, reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THE OKTOBERFEST TAMPA ENTITIES WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR AND OKTOBERFEST TAMPA ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
All online entries must include a valid e-mail address for the entrant. In case of multiple entries received from any person or e-mail address or household, only the first entry received from such person, e-mail address or household will be considered. In the event of a dispute as to the identity or eligibility of a potential 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 the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
Sponsor and Administrator reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
9. OFFICIAL RULES AND WINNERS’ LIST: For a copy of the Official Rules, visit https://oktoberfesttampa.com/2016-test-drive-official-rules or send a self-addressed, stamped envelope for receipt by September 15, 2016 to Oktoberfest Tampa, 2453 Kingfisher Lane #G202, Clearwater, FL 33762. For a list of Winners (available after October 10, 2016) mail a self-addressed stamped envelope to: Oktoberfest Tampa, 2453 Kingfisher Lane #G202, Clearwater, FL 33762. Winners’ list requests must be received by December 1st, 2016.
10. SPONSOR: The Sponsor of this Sweepstakes is Oktoberfest Tampa, 2453 Kingfisher Lane #G202, Clearwater, FL 33762 and Tampa Bay Area Audi Dealers c/o Audi Southern Region, 2520 Northwinds Parkway Suite 500, Alpharetta, GA 30009. Audi of America, Inc. is not a sponsor of this promotion.
11. ADMINISTRATOR: The Administrator of this Sweepstakes is Oktoberfest Tampa, L.L.C., 2453 Kingfisher Lane #G202, Clearwater, FL 33762.
12. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
13. WINNER’S OFFICIAL ANNOUNCEMENT: The official announcement of the winning recipient will be posted on http://OktoberfestTama.com/AUDI after the winner has been confirmed.