Car Lister – Epic Monthly – Win a $25,000 voucher to purchase a vehicle OR 1 of 5 $500 vouchers to purchase services
CAR LISTER EPIC MONTHLY GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT IN- CREASE YOUR CHANCES OF WINNING A PRIZE.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIM- ITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST DREAMWARE, INC. D/B/A CAR LISTER TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DREAMWARE, INC. D/B/A CAR LISTER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PER- MITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Car Lister Epic Monthly Giveaway (the “Promotion”) begins at 5:01 p.m. ET on February 29, 2016 (the
“Promotion Start Date”), and ends at 5:00 p.m. ET on March 31, 2016 (the “Promotion End Date”) (such period referred to herein as the “Promotion Period” or “Monthly Promotion Period”). The Monthly Promotion draw- ing will take place at 5:30 p.m. ET on the last day of the Monthly Promotion Period (the “Drawing Date”). The Promotion is sponsored by DreamWare, Inc. d/b/a Car Lister (the “Promotion Sponsor”). The Promotion Spon- sor’s computer is the official timekeeping device for the Promotion.
The Promotion is in no way sponsored, endorsed or administered by, or associated with YouTube, Facebook or Twitter. You are providing your information to the Promotion Sponsor, and not to YouTube, Facebook or Twit- ter.
1. HOW TO ENTER:
(a) To enter the Monthly Promotion, you must:
(i) log into your Car Lister account at https://www.carlister.co/ (the “Car Lister Site”). If you
are not already a member of Car Lister, visit the Car Lister Site and create a free account;
(ii) agree to receive Car Lister newsletters when you create an account on the Car Lister Site
or, for existing members, opt in to receive Car Lister newsletters in your settings;
(iii) visit the Promotion website located at https://www.carlister.co/profile/sweepstakes (the
“Promotion Site”) and click “Monthly Giveaways”; and
(iv) click “Enter to Win”.
Participants receive one (1) entry into the applicable Monthly Promotion by performing the tasks set forth in (i)-(iv) above. Participation in the Promotion is voluntary and does not require you to pur- chase anything from the Promotion Sponsor.
(b) You may qualify for additional entries into the Monthly Promotion by completing the following tasks.
Receive up to twenty-five (25) additional entries in the Monthly Promotion by sharing on your Facebook or Twitter account the video of the winner from the previous Monthly Promotion Period (the “Previous Winner Video”), which is located on the Promotion Site, with the hashtag #CarListerGiveaway during the applicable Monthly Promotion Period. For the Monthly Promotion, you will receive ten (10) additional entries for each of the foregoing social media channels on which you share the Previous Winner Video and five (5) additional entries if you share the Previous Winner Video on both channels.
￼Receive up to thirty (30) additional entries in any applicable Monthly Promotion for re- ferring Car Lister to your friends who are not existing Car Lister members during the ap- plicable Monthly Promotion Period. When you enter to win pursuant to the steps out- lined in Section 1(a), Car Lister will provide you with a unique referral URL to send to your friends. You will receive five (5) additional entries for each friend you refer who creates a Car Lister account through your unique referral link and uploads a profile image during the applicable Monthly Promotion Period, and you may refer up to six (6) friends during the applicable Monthly Promotion Period.
(d) If you do not wish to enter by completing the entry methods set forth in Sections 1(a) and (b), print your first and last name, complete address, telephone number, date of birth, e-mail address associat- ed with your Car Lister account and identify the Monthly Promotion to which you are submitting your entry by indicating the Promotion Start Date and Promotion End Date on a three-by-five-inch card. Place the card in an envelope, affix first-class postage, and send it to DreamWare, Inc. d/b/a Car Lister, 24850 Old 41, Suite #23, Bonita Springs, FL 34135, with attention to the Car Lister Epic
Receive seven (7) additional entries in the applicable Monthly Promotion by connecting to a participating dealership on the Car Lister Site during the applicable Monthly Promo- tion Period.
Receive up to seven (7) additional entries in the applicable Monthly Promotion for the first three (3) groups you join on the Car Lister Site during the applicable Monthly Pro- motion Period. You will receive two (2) additional entries for the first and second group you join and three (3) additional entries for the third group you join.
Receive additional entries in the applicable Monthly Promotion by test driving a vehicle at a participating Car Lister dealership during the applicable Monthly Promotion Period, such that your total number of entries into the applicable Monthly Promotion will equal the maximum of one hundred (100) entries, regardless of the number of entries you have received prior to the test drive. The dealership must provide the Promotion Sponsor with confirmation of such test drive before you receive the additional entries. You may search for a participating Car Lister dealership near you on the Car Lister Site.
Monthly Giveaway. Five (5) entries per card received during the applicable Monthly Promotion Pe- riod.
(e) Regardless of method of entry, all participants must satisfy the eligibility requirements set forth be- low in order to be eligible to enter and win a prize. In order to be eligible to be selected on a Draw- ing Date, entries must be received by the end of the Monthly Promotion Period. Limit one hundred (100) entries per person per Monthly Promotion, regardless of method of entry.
2. PRIZE: There will be one (1) grand prize winner and five (5) second place winners for the Monthly Promotion. The prizes for the Monthly Promotion are as follows:
The odds of winning any prize depend on the number of eligible entries received during the applicable Monthly Promotion Period. Total ARV of the prizes is: $33,750. All expenses and other costs not expressly stated herein are the sole responsibility of the winners. If a winner does not redeem the full dollar amount of the voucher, then such winner forfeits the balance on the voucher. Winners will not be reimbursed for any amounts they do not redeem. The Promotion Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes is permitted. In order to receive a prize, the winners may be required to pro- vide proof of identification. Restrictions, conditions and limitations may apply. Except as otherwise set forth herein, the Promotion Sponsor is responsible only for prize delivery. Unless otherwise set forth above, any and all taxes on the prizes, including income and/or sales taxes, are the sole responsibility of the winners. Each winner of a prize valued at $600 or greater will be issued an IRS 1099 U.S. Tax Form “Miscellaneous Income” for the actual value of the prize and is advised to seek independent counsel regarding the tax implications of the prize winnings.
The Promotion is only open to registered members of the Car Lister Site who are legal residents of the United States who are at least eighteen (18) years old at the time of entry. You may cancel your Car Lister membership at any time following entry. Entries are limited to individuals only; commercial enterprises and business enti- ties are not eligible. By participating in the Promotion, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Promotion Sponsor and warrants that s/he is eligible to participate in the Promotion. Any content included or required to be submitted as part of any entry to a Monthly Promotion will only be eligible if such entry (a) is in English, (b) does not disparage the Promotion Sponsor or any other person or party affiliated with the Promotion, (c) is submitted during the applicable Monthly Promotion Period, and (d) does not contain content that is unlawful, hateful or obscene. The Promo- tion Sponsor reserves the right, in its sole discretion, to disqualify entries which the Promotion Sponsor deter-
￼One (1) grand prize consisting of a voucher for $25,000 to purchase a vehicle at any participating Car Lister dealership, and reimbursement by Car Lister of additional income tax at a rate of up to 25% incurred in connection with a vehicle valued at $25,000 or less (or, if the winner uses the voucher to purchase a vehicle valued over $25,000, income taxes at a rate of up to 25% on $25,000 of the vehicle purchase) (the “Grand Prize”), with an approximate retail value (“ARV”) of $31,250; and
￼￼Five (5) second place prizes each consisting of a voucher for $500 to purchase services at any partic- ipating Car Lister dealership (the “Second Place Prize”).
￼mines at any time in its sole judgment fail to meet any of these criteria. Employees, independent contractors, officers, and directors of the Promotion Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Promotion. THE PROMOTION IS VOID WHERE PROHIBITED OR RE- STRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
4. USE OF CONTENT. By submitting content to the Promotion Sponsor in connection with any Monthly Promotion, you automatically represent and warrant that you have the right to grant, and do hereby grant, to the Promotion Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and li- cense to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such content; and (b) use the content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any por- tion of the content and the right to practice any methods related to such products or services in connection with its use of the content. You warrant that the content has not been copied from any third party and its use by the Promotion Sponsor or any third party described herein will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless the Promotion Sponsor and all third parties de- scribed herein from and against any breach of this warranty. Under no circumstances will the Promotion Spon- sor be required to treat any content as confidential. The Promotion Sponsor will be entitled to use the content for any purpose whatsoever without compensation to you or any other person. For the avoidance of doubt, the Promotion Sponsor will not be liable to you or any other person for any ideas for the Promotion Sponsor’s busi- ness (including, without limitation, product designs or ideas) derived from the content and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of the Promotion Sponsor.
5. SELECTION OF WINNERS: The Promotion Sponsor will select the potential winners for the Month- ly Promotion in a random drawing from all eligible entries received during the applicable Monthly Promotion Period on the applicable Drawing Date. Potential winners will be notified by mail, telephone or email within ten (10) days of the end of the applicable Monthly Promotion Period. Such notification shall include instruc- tions for proper acceptance of the prize. In the event a potential winner does not accept the prize within five (5) days, a potential winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. The Promotion Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a potential winner. Each winner agrees to provide a testimonial and appear in a promotional video of the prize ceremony, and agrees to the Promotion Sponsor’s use of his or her name, ad- dress, likeness, and/or prize information for promotional purposes in any medium without additional compensa- tion, in each case, to the extent permitted by law. Where lawful, each winner may be required to sign and return a Publicity Consent and Liability Release.
6. CONDITIONS: The Promotion Sponsor, YouTube, Facebook and Twitter, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, prede- cessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions,
￼failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Promotion Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Promotion; or (f) any printing or typographical errors in any materials associated with the Promotion. The Promotion Sponsor reserves the right, in its sole dis- cretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other caus- es beyond the Promotion Sponsor’s control corrupt or affect the administration, security, fairness or proper con- duct of the Promotion. In the event that proper administration of the Promotion is prevented by such causes as contemplated above, the Promotion Sponsor will select the winners from all eligible, non-suspect entries re- ceived prior to such action. By participating in the Promotion, participants and the winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relat- ing to the Promotion, participation in the Promotion, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Promotion, and all disputes, claims or controversies arising out of these Official Rules, shall be governed by Florida law.
7. ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agree-
ment.” You agree that any and all disputes or claims that have arisen or may arise between you and the Promotion Sponsor, whether arising out of or relating to these Official Rules, the Promotion, your participation in the Promotion, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agree- ment, except that you may assert individual claims in small claims court, if your claims qualify. Fur- ther, this Arbitration Agreement does not preclude you from bringing issues to the attention of feder- al, state or local agencies, and such agencies can, if the law allows, seek relief against us on your be- half. You agree that, by participating in the Promotion, you and the Promotion Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE PROMOTION SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEM- BER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE PROMOTION SPONSOR AGREE OTHERWISE, THE ARBI- TRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY
￼IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Pre-Arbitration Dispute Resolution: The Promotion Sponsor is always interested in resolving dis-
putes amicably and efficiently, and most participant concerns can be resolved quickly and to the par- ticipant’s satisfaction by emailing the Promotion Sponsor’s support team at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Promotion Sponsor should be sent to DreamWare, Inc. d/b/a Car Lister, Attn: Terri Wallace, 24850 Old 41, Suite #23, Bonita Springs, FL 34135 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Promotion Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Promo- tion Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Promotion Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Promotion Sponsor is entitled.
(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplemen- tary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s con- sumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency be- tween any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same dam- ages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be over- turned by a court only for very limited reasons.
Unless the Promotion Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Promotion Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regard- less of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
￼(e) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Ar-
bitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(g) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agree- ment other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
(h) Conflict: In the event of any conflict between any term or condition in this Section 7 and any term or condition in the Car Lister Terms of Service located at https://carlister.co/legal/tos, then the ap- plicable term or condition in this Section 7 shall apply.
8. WINNERS LIST: The first name, last initial, city and state of the winners will be posted on the follow- ing website after verification and for ninety (90) days thereafter: https://www.carlister.co/sweepstakes/winners.
9. THE PROMOTION SPONSOR:
DreamWare, Inc. d/b/a Car Lister 24850 Old 41, Suite #23
Bonita Springs, FL 34135
10. NOTICE: The Promotion Sponsor reserves the right to prosecute and seek damages against any indi-
vidual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Offi- cial Rules and/or criminal and/or civil law.
11. COPYRIGHT: ©2016 DreamWare, Inc. d/b/a Car Lister. All rights reserved. DreamWare, Inc. d/b/a Car Lister and the associated logo are the property of DreamWare, Inc. d/b/a Car Lister. Any other trademarks, product names, and company names or logos cited herein are the property of their respective owners.