FANTASTIC FUSION GIVEAWAY
OFFICIAL RULES
NO PURCHASE OR SALES PRESENTATION NECESSARY TO ENTER OR WIN. The Fantastic Fusion Giveaway Promotion (“Promotion”) begins at 12:00 AM Eastern Time (“ET”) on 4/8/13 and ends at 11:59 ET on 4/19/13 (“Promotion Period”). The Promotion is sponsored by Ford Motor Company, One American Road, Dearborn, MI 48126 (“Sponsor”) and is administered by Reach Media, Inc. (“Administrator”).
ELIGIBILITY: The Promotion is open to legal residents of the 50 United States and District of Columbia (“U.S.”), 21 years of age or older with a valid driver’s license at the time of entry (“Entrant”). Employees, directors, officers, volunteers, independent contractors and agents of Ford Motor Company; The Tom Joyner Morning Show®; The Tom Joyner Morning Show® affiliate radio stations; Reach Media, Inc.; BlackAmericaWeb.com, Inc.; Radio One, Inc.; Cumulus Media, Inc.; the Tom Joyner Foundation, Inc.; UniWorld Group, Inc.; Carnival Cruise Line and their respective parent companies, subsidiaries and affiliates, distributors, agents and companies involved in the implementation and execution of the Promotion (collectively, the "Promotion Entities") and their immediate families (spouses and siblings, parents and children and their spouses) and household members are not eligible. Individuals who have won any other prize from Ford Motor Company; Cumulus Media, Inc.; the Tom Joyner Foundation, Inc.; Reach Media, Inc.; or The Tom Joyner Morning Show® in the previous one hundred and eighty (180) days are also not eligible to enter or win. Promotion is void where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: There are two (2) ways to enter the Promotion – 1) ENTRY FORM –Visit the Ford Fusion display (“Display”) on the Carnival Glory cruise ship (“Cruise”) during the posted Hours of Operation during the Promotion Period, complete and submit an official entry form (available while supplies last on the Cruise) and submit as directed (Entry”) to the Ford representative at the Display; and 2) ONLINE – Visit http://www.blackamericaweb.com (the “Website”) during the Promotion Period, read and accept these Official Rules and follow the instructions to complete and submit the registration form (“Entry”). All entries, regardless of entry method, must be submitted by 11:59PM ET on 4/19/13. All registration information requested must be provided. Limit: One (1) Entry per person or email address regardless of method of entry. In the event more than one (1) Entry is received from any one person or email address, the first Entry processed will be considered the only valid entry received for the Promotion. In the event of a dispute, Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. Multiple participants are not permitted to share the same email address. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, on-line service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder. All Entries become the exclusive property of Sponsor.
WINNER SELECTION AND VERIFICATION: The potential Grand Prize Winner will be randomly selected, by the Administrator, at the conclusion of the Promotion from among all eligible entries received. Potential Winners will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within forty-eight hours of receipt. If the potential winner fails to sign and return the Affidavit/Release within the required time period, or if he/she is otherwise ineligible to receive the prize, prize will be forfeited and an alternate winner will be selected. POTENTIAL WINNERS SUBJECT TO VERIFICATION BY THE SPONSOR AND/OR ADMINISTRATOR. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY VERIFICATION IS COMPLETE. Except where prohibited by law, acceptance of a prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes, in connection with this Promotion, in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request, winner will provide written consent to such use. The odds of winning are determined by the number of eligible entries received.
ONE (1) GRAND PRIZE: The Grand Prize is a 2013 Ford Fusion. Approximate Retail Value ("ARV") $30,000. ARV based on a base model 2013 Ford Fusion Manufacturer’s Suggested Retail Price (MSRP). Winner is responsible for all federal, state and local taxes, registration, license, title and insurance fees and for all costs associated with any available upgrade/option packages and any other expenses related to the acceptance and use of the prize not specified herein. Winner must take delivery of vehicle within 30 days of notice of availability from Sponsor-selected dealer near winner’s residence. Winner must a have valid U.S. driver’s license and proof of insurance to take delivery. Vehicle may differ from any prize shown in promotional materials and may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) on prize and will be required to provide his/her Social Security number or tax ID for tax reporting purposes. Winner will be issued an IRS Form 1099 on the value of the prize.
GENERAL CONDITIONS / RELEASE: By participating, Entrants: (a) release Sponsor, Promotion Entities, their respective parent companies, affiliates, subsidiaries, and their respective directors, officers, agents and employees (collectively, the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, but not limited to the prize quality or availability except for Sponsor and the limited warranty provided with the prize vehicle. Neither Released Parties nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data, omission, interruption, deletion, defect, computer equipment, software, inability to access any online service or Website, any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Promotion is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of Administrator, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, the determination of the winner will be made, from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
GOVERNING LAW/JURISDICTION/DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Michigan.
ENTRANT’S PERSONAL INFORMATION: Information collected from Entrants is subject to Ford’s Privacy Statement at http://owner.ford.com/servlet/ContentServer?mainpage=privacy&pagename=Owner%2FEmailPreferences%2FWrapper. By entering the Sweepstakes, you expressly agree to the terms of the Privacy Statement.
COPY OF RULES AND LIST OF WINNERS: For a copy of these Official Rules or a List of Winners (available after 04/29/2013 send a self-addressed, stamped envelope to “Fantastic Fusion Giveaway”, c/o Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. Request must be received no later than 05/31/2013. These Official Rules are also available online at http://www.BlackAmericaWeb.com.
