Honda – Win A 2016 Honda Accord Touring value at $35,415 and more instant prizes by December 29, 2015 – INSTANTLY !
HONDA “OPEN THE CHEER” INSTANT WIN GAME AND SWEEPSTAKES
ENDING AT December 29, 2015 at 11:59:59 PM ET
1. PROMOTION PERIOD:
Starts November 30, 2015 at 10:00:00 AM Eastern Time and ends December 29, 2015 at 11:59:59 PM ET
To enter and be eligible to win a prize, you must be a legal citizen of the 48 contiguous United States, or Washington, D.C. (excluding residents of Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited by law), be at least 18 years of age or older at the time of participation, and have a valid email address and public Twitter account. If you do not have a Twitter account, visit www.twitter.com and follow the instructions to register for a free Twitter account.
2.HOW TO ENTER/SPONSOR DONATION:
NO PURCHASE NECESSARY. You can participate in the promotion during the Promotion Period by retweeting (each an “Entry Tweet”) a Tweet sent by Sponsor, as indicated below, to be eligible to receive one (1) gameplay into the Instant Win Game and one (1) Sweepstakes entry into the Sweepstakes draw.
Sponsor’s Tweet(s) may state “Could you win a new Honda? RT for a chance and we’ll give $1 to @PBTF! #OpentheCheer Rules:http://honda.us/t4v” or similar and will include a call to action to retweet to participate in the Promotion. Each Tweet will include a link to these Official Rules and Regulations.
To be eligible, your Entry Tweet must:
• Retweet the Sponsor’s Tweet in its entirety using Twitter’s retweet function;
• be in accordance with the specific Submission Requirements listed below in #4;
• comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com; and
• conform to Twitter’s (140) character limitation, including the required hashtags.
Any Entry Tweet that does not follow the above format (as determined by Sponsor in its sole and absolute discretion) may be discarded, will not be eligible for this Promotion, and will not receive a game play.
An Entry Tweet may be considered to be void if the Entry Tweet: (i) does not comply with the Submission Requirements (as determined by Sponsor in its sole and absolute discretion); (ii) is incomplete or illegible; (iii) is not submitted and received during the Promotion Period in accordance with these Official Rules and Regulations; (iv) does not include the required hashtags; (v) does not conform to Twitter’s (140) character limitation including the required hashtags; and/or (vi) does not comply with the Twitter Terms of Service and Twitter Rules (all as determined by Sponsor in its sole and absolute discretion). Sponsor reserves the right to delay the processing of any game play or entry without notice to you, in order to assure compliance with the Official Rules and Regulations outlined herein. Without limiting any other remedies, Sponsor may suspend or terminate your participation in the Promotion if Sponsor suspects, in its sole discretion, that you have engaged in fraudulent activity in connection with this Promotion. Sponsor’s (or its agent’s) computer is the official timekeeping device for this Promotion.
All Entry Tweets are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Promotion; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry Tweet submitted (or purportedly submitted) for the purposes of this Promotion; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Promotion in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts. Standard messaging and/or data rates apply to participants who submit an Entry Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each standard message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
Sponsor Donation: For every valid Entry Tweet received, Sponsor will donate $1 to the Pediatric Brain Tumor Foundation, up to a total donation of $100,000.
Limit: one (1) Entry Tweet per person/Twitter account per day during the Promotion Period. For the purposes of this Promotion, a day (“Day”) runs from 12:00:00 AM ET to 11:59:59 PM ET. You may only use your one (1) personal Twitter account to participate in this Promotion. Robotic, programmed or any other automated means of online Game Play/Entry, or any other means which subvert the Game Play process, are prohibited and may result in disqualification of all such Game Plays/Entries from the Promotion. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email addresses, accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter, exceed any of the limits contained in these Rules and Regulations or otherwise participate in or disrupt this Promotion, then he/she may be disqualified from the Promotion in the sole and absolute discretion of the Sponsor.
Instant Win Prizes awarded in the Promotion are randomly time seeded throughout each Day of the Promotion Period and awarded to the person who plays on or after the time the prize is randomly seeded. The time of day when you play the game during the Promotion Period, as recorded by the Web site technology, and the number of Game Plays received will solely determine whether or not you are a Potential Winner.
After submitting a valid Entry Tweet, a winning message will be sent to you if you are a potential winner of an Instant Win Prize (each a “Potential Winner” and, if verified, “Winner”) via Twitter @reply to the Account used to submit the applicable Entry Tweet. If you are not a Potential Winner, a losing message will be sent along with confirmation of your Sweepstakes Entry.
The Sponsor will make one (1) attempt to contact each potential Instant Win Prize winner within one (1) business day of the Sponsor receiving the applicable Entry Tweet. Each potential Prize winner is solely responsible for ensuring his/her Account settings are set to be able to receive such notification messages, monitoring his/her Account for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion).
3. SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY TWEET, YOU AGREE THAT THE ENTRY TWEET COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND REGULATIONS AND THE TWITTER TERMS OF SERVICE AND TWITTER RULES. THE PROMOTION ENTITIES (DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF ANY ENTRY TWEET YOU SUBMIT. THE PROMOTION ENTITIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES AND REGULATIONS.
By participating in the Promotion, each participant hereby warrants and represents that any part of his/her Entry Tweet that is not part of the Sponsor’s corresponding initiation Tweet(s):
i. is original to him/her and that the participant has obtained all necessary rights for the purposes of submitting the Entry Tweet in the Promotion;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties;
iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules and Regulations; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
All of the foregoing shall be in Sponsor’s sole discretion.
By participating in the Promotion and submitting an Entry Tweet, each participant: (i) without limiting the Twitter Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive, sub-licensable license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Tweet, in whole or in part, for advertising or promoting the Promotion or for any other reason; (ii) waives all moral rights in and to his/her Entry Tweet in favor of the Sponsor; and (iii) agrees to release and hold harmless the Promotion Entities from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry Tweet. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any Entry Tweet if a complaint is received with respect to the Entry Tweet, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry Tweet and/or the associated participant. If the Sponsor determines, in its sole and absolute discretion, that any Entry Tweet does not comply with these Rules and Regulations for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry Tweet and/or the associated participant. Entry Tweets will not be judged.
5. RANDOM SWEEPSTAKES DRAW:
On December 30, 2015 at approximately 2:00 PM ET, an independent judging organization (the “Sweepstakes Judges”) will randomly draw one (1) entry for the Sweepstakes Grand Prize (See Rule #7.A. for prize details) (“Potential Grand Prize Winner” and, if verified, “Grand Prize Winner”) from among all eligible entries received. The odds of winning the Sweepstakes Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period. Potential Winner will be subject to verification of eligibility and compliance with these Official Rules.
6. PRIZES (331 available):
. Sweepstakes Grand Prize (1 available): One (1) 2016 Honda Accord Touring (the “Vehicle”). Vehicle will be delivered with standard equipment, as described above; any upgrades and options are at the sole expense of the Winner. Color, package, factory options, and other prize specifics to be determined by Sponsor and are subject to availability. 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 to take delivery of Vehicle; failure to show same may result in prize forfeiture and selection of an alternate winner.Winner will be responsible for all optional equipment, title, license, insurance and registration fees required in claiming the Vehicle, applicable 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. All other costs not specifically stated herein as being awarded are the responsibility of the Winner. Winner will be provided instructions to obtain his/her Grand Prize Vehicle at a Honda dealership to be determined by Sponsor. Winner must take delivery of Vehicle within 30 days of notification that dealership has received Vehicle. As a model year progresses, changes may occur in some of the specifications, features, optional equipment and pricing. The manufacturer reserves the right to make such changes. Optional equipment may vary by region. Delivery of a Grand Prize Vehicle subject to manufacturer, distributor and dealer manufacturing, production and delivery schedules. Approximate retail value (“ARV”) of Vehicle is USD $35,415.00
A. Instant Win Prizes*:
1. Instant Win First Prize (30 available – one (1) seeded per Day): One (1) digital smartwatch; ARV: USD $400.00
2. Instant Win First Prize (300 available – ten (10) seeded per Day): One (1) $20.00 Digital Gift Code; ARV: USD $20.00
Any difference between the stated approximate retail value and actual value of a prize will not be awarded. Total ARV of all of prizes available to be won: USD $53,415.00.
*The number of Instant Win Prizes available to be awarded decrease as prizes are played for and/or won throughout the Promotion Period.
The odds of winning an Instant Win Prize depend on the total number of eligible Game Plays received during each Day of the Promotion Period and the time they are received.
Prizes are not transferable, or redeemable for cash, and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Gift cards are subject to the terms, restrictions, and conditions as set by the issuer.
Winner acknowledges that Promotion Entities have not 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 merchandise prizes, if any, including but not limited to their quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
All federal, state and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner’s responsibility, regardless of whether a prize is used in whole or in part. All prize details are at the Sponsor’s sole discretion.
7. HOW TO CLAIM YOUR PRIZE:
Instant Win Game Prizes: Sponsor’s win notification sent by Twitter @reply to Potential Winners will each include a link to an online claim form which includes instructions on how to redeem the prize. The online claim form must be completed no later than January 29, 2016 at 11:59:59 PM ET, or the Instant Win Prize will be forfeited. Sweepstakes Grand Prize: On or about January 4, 2016, Potential Grand Prize Winner will be notified by Twitter @reply to the Account used to submit the applicable Entry. Potential Grand Prize Winner will be directed to complete the online claim form within three (3) business days with their correct information including mailing address. Following receipt of Potential Grand Prize Winner’s mailing address, Sponsor will send an Affidavit of Eligibility, a Liability Release, W9 form, and, where lawful, a publicity release, which must be executed and returned within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize may be forfeited at the Sponsor’s sole discretion. All prizes: If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or if Potential Winner fails to submit a valid claim form or return documentation within the applicable time frame, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited at the Sponsor’s sole discretion, and (for the Sweepstakes Grand Prize only) may be awarded to an alternate winner. Any prize won by a participant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. Potential Winner may be required to furnish proof of identification.
Following verification, allow 3 – 4 weeks for shipment of smartwatch Prizes; OR: 16 weeks for pick up notification for Vehicle Prize; OR: 2 (two) business days for delivery by email, for Digital Gift Codes. Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prizes will only be delivered to verified Winners. Any unclaimed instant win prize will not be awarded. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of participants.
By accepting a prize, each Winner (or Winner’s parent/legal guardian if Winner is an eligible minor) agrees and consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.
9.CONDITIONS OF PARTICIPATION:
By playing, participants (or as applicable, their parents or legal guardians if eligible minors) (i) acknowledge and represent that they are in full compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by these Official Rules and the decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all respects. Participants who have not complied with these Official Rules are subject to disqualification and all associated Game Plays will be void.
Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of requests/Entry Tweets. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All requests/Game Plays/Entries become the property of Sponsor and in no case shall be returned to sender.
Sponsor reserves the right to disqualify any participant’s registration in the Promotion (and void all associated Game Plays/Entries) or entitlement to a prize if, in the sole discretion of the Sponsor, it determines or suspects that the participant has attempted to undermine the legitimate operation of the Promotion by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Game Plays/Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the Game Play/Entry process).
As a condition of playing, participants (or as applicable, their parents or legal guardians if eligible minors) agree (and agree to confirm in writing): (a) to release Sponsor, Promotion Entities, Twitter, Inc., and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion, or the awarding, receipt, possession, and/or use or misuse of any prize or any travel or activity related thereto.
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT 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, WILL BE RESOLVED INDIVIDUALLY, 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 PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 PARTICIPANT. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules and Regulations, or the rights and obligations of participant and Sponsor in connection with the Promotion, and/or for entering any judgment on an arbitration award, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of laws principles. All participants consent to the jurisdiction and venue of the federal, state and local courts for Los Angeles, California.
Sponsor reserves the right in its sole discretion to cancel, modify and/or suspend this Promotion at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes (such as force majeure events) impairs the administration, security, integrity or proper play of the Promotion.
Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Promotion, or the offering or announcement of any prize or in any winner notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user’s system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion. Promotion Entities are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged or undelivered mail, email, Game Plays or Entries. Proof of transmission (screenshots, etc.) does not constitute proof of delivery.
Any attempt by a participant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of the foregoing activities may be disqualified (and all associated Game Plays/Entries will be void) and will forfeit any prize won. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
If a dispute arises relating to any prize won, a combination of factors will be assessed in determining if you are in fact eligible to win a prize; i. the game play data in the Promotion database will be reviewed to determine the legitimacy of the claim; ii. The Promotion Judges will be consulted to compare the pre-generated game data with the Game Play data you are presenting or have generated. Ultimately it will be the results of the Promotion Judges’ analysis, which will determine your entitlement to any prize. The review of any such dispute will not commence prior to two weeks following the Promotion end date noted herein. In the event the Promotion Judges’ analysis reveals valid claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing amongst all eligible claimants whose claims have not yet been redeemed, to award the remaining number of advertised prize in the category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the category in question.
In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
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. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
This Promotion is solely sponsored by American Honda Motor Co., Inc., (“Sponsor”), 1919 Torrance Blvd. Torrance, CA 90501.
For a winners list, send a self-addressed postage stamped envelope to: “Honda “Open the Cheer” Instant Win Game and Sweepstakes”, Winners List”, P.O. Box 25495, Woodbury, MN 55125. All requests must be received by February 1, 2016. Winners list will be sent after all prizes have been awarded.