Infiniti – Owner Celebraton Event Sweepstakes

INFINITI OWNER CELEBRATON EVENT
OFFICIAL GAME RULES AND CONDITIONS
CONSUMER DISCLOSURE: YOU HAVE NOT YET WON. NO PURCHASE,
TEST DRIVE, OR SALES PRESENTATION NECESSARY. A PURCHASE,
TEST DRIVE, OR SALES PRESENTATION WILL NOT INCREASE YOUR
CHANCES OF WINNING. One (1) prize available. One (1) winner’s choice of a $10,000
certificate for a cruise with Silversea® Cruises, VRV: $10,000 OR either a Shinola® male-
focused bundle, VRV: $9,983 or female-focused bundle, VRV: $9,647.50. See prize details in
the Official Rules below. Odds of winning are 1 out of 300,085 written prize notices. Limit one
(1) prize per person per household per address. Prize will be awarded subject to verification of
eligibility. To be eligible to enter, you must be the named recipient of the direct mail piece
and/or email announcing this Game, 18 years of age or older and of majority age within your
state of residence at the start of the Promotional Period, a legal resident of one of the 50 United
States or the District of Columbia, and possess a valid U.S. driver’s license. You must play the
Game for your chance to win the Prize by March 31, 2021. Sponsor: Nissan North America,
One Nissan Way, Franklin, TN 37067.
1. NO PURCHASE, TEST DRIVE, OR SALES PRESENTATION IS NECESSARY TO
ENTER OR WIN. A PURCHASE, TEST DRIVE, OR SALES PRESENTATION DOES
NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY
LAW.
2. ELIGIBILITY: Game (the “Game”) is open to named recipients of the direct mail piece and/or
email announcing this Game (“Letter”), who are age 18 and older and of majority age within
his/her state of residence, have a valid U.S. driver’s license, and are legal residents of one of the
50 United States or the District of Columbia at the time of entry. Nissan North America, Inc.
(“Sponsor”) and participating Nissan dealers, and each of their parent, subsidiary and affiliated
companies, web design/advertising/promotional/fulfillment agencies involved in the
administration/development/fulfillment/execution of this Game (including but not limited to
Administrator (as defined below), printers and mail houses and any companies associated with
this Game), and each of their respective officers, directors, shareholders, members, managers,
agents, distributors, employees, attorneys, dealers/retailers, representatives, subsidiaries and
assigns (collectively “Promotional Parties”), and the immediate family members of each of the
foregoing (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those
living in the same households of each (those persons whether related or not who live in the same
residence for at least three months during the twelve-month period preceding the start date of
Game), are not eligible to participate.
3. HOW TO PLAY: Game starts 01/14/21 12:00:01 a.m. ET and ends 03/31/21 11:59:59 p.m. ET
(“Promotional Period”). To play the Game, go to www.infinitiownercelebration.com during the
Promotional Period and enter the unique number contained in your original Letter (“Personal
Code”) into the corresponding field and click “Enter”. The website will then inform you if your
Personal Code matches the Winning Number or if you are not a winner. If the website says you
are the potential winner, winning is subject to validation and verification of eligibility and
compliance with all terms and conditions set forth in these Official Rules. Winner must be the
individual named on the Letter announcing the Game, show proof of permanent residence in the
United States that matches the address in the original Letter, and present the original Letter prior
to receiving the prize. The winner’s name and address on their U.S. driver’s license must match
exactly the name and address printed on the winning mail piece and on file with the
Administrator. The Winning Number will not be released over the phone or obtained in a manner
other than through www.infinitiownercelebration.com. No test drive or sales presentation is
required to check to see if you are a winner.
4. NUMBER OF PRIZES, PRIZE, VERIFIABLE RETAIL VALUE (“VRV”): One (1) prize
available. One (1) winner’s choice of a $10,000 certificate for a cruise with Silversea® Cruises,
VRV: $10,000 OR either a Shinola® male-focused bundle, VRV: $9,983 or female-focused
bundle, VRV: $9,647.50. If the cruise certificate is selected, Prize includes Silversea’s normal
services and amenities: all onboard gratuities, complimentary beverages (including select wines,
champagnes and spirits, if winner is of legal age), special guest lectures, and entertainment, VRV:
$10,000. Airline and ground transportation, optional shore excursions, and personal/incidental
expenses are excluded from the certificate. Winner is responsible for transportation to and from
the cruise port. Any cost associated with a sailing that exceeds the $10,000 certificate is the sole
responsibility of the winner, including, but not limited to, any port charges and tax. If certificate
is lost or stolen, the original certificate may be voided and a new certificate reissued to winner, at
the sole discretion of Sponsor. The certificate is valid on sailings commencing on or before
December 31, 2022, and excludes sailings during select holidays and blackout dates, as
determined solely by Sponsor. All cruises are subject to availability and will not be confirmed
sooner than 60 days prior to departure. Winner will be assigned a Silversea Cruise account
manager to assist winner with redemption of the certificate. If the Shinola® male-focused bundle
is selected, male-focused bundle includes (a) a Runwell bike; (b) Bluetooth bookshelf speakers;
(c) a large carryall; (d) a Runwell watch; (e) a Runwell backpack; and (f) a slim messenger, VRV:
$9,983. If the female-focused-bundle is selected, female-focused bundle includes (a) a Runwell
bike; (b) Bluetooth bookshelf speakers; (c) a Gibson tote; (d) a Runwell watch; (e) a Gibson
shoulder bag; and (f) a Petoskey oval pendant necklace, VRV: $9,647.50. If a Shinola® bundle is
selected, Winner must redeem the prize by December 31, 2021. Actual items received in the
Shinola® bundle may vary based on availability; in case a product is discontinued or unavailable,
winner will receive a similar item of equal or lesser value. The prize (or any portion thereof) may
not be sold, traded, transferred, or assigned. No cash redemption of the Prize. The Prize may not
be substituted for cash or otherwise, except at Sponsor’s sole determination for a prize of equal or
greater value if due to prize unavailability. Sponsor is not responsible in the event the cruise
(including any other event, service, or amenity beyond its control) is cancelled, delayed,
suspended or rescheduled. Additional prize award details and information may be provided to
winner during awarding process. PRIZE WINNER IS RESPONSIBLE FOR ALL
APPLICABLE TAXES ASSOCIATED WITH THE PRIZE, INCLUDING, BUT NOT
LIMITED TO, FEDERAL, STATE, OR LOCAL INCOME TAXES. Prize Winner will be
issued a 1099 Tax form by Administrator by mail for the retail value of the prize.
5. ODDS: Odds of winning are 1 out of 300,085 written prize notices.
6. CLAIMING PRIZE: Limit one (1) prize per person per household per address. No one may
redeem a mail piece and/or email addressed to another individual, or on behalf of the addressee.
No prize will be awarded until a claim is verified and approved by the Administrator whose
decisions relating to this promotion are final. The prize will only be awarded if validly claimed in
accordance with these official rules. In order to claim the prize, the individual must be (a) the
addressee on the mail piece and/or email; (b) the individual who was randomly selected and
designated to receive a winning mail piece and/or email printed with the Winning Number, and
who is on file with the Administrator; and (c) must reside at the address to where a winning piece
was mailed; and (d) the winner’s name and address on their U.S. driver’s license must match
exactly the name and address printed on the winning mail piece and on file with the
Administrator.
7. VERIFICATION: The potential winner will be required to provide a photocopy of winner’s
valid U.S. driver’s license, and sign and return an Affidavit of Eligibility (which confirms they
have complied with these Official Rules) and Release of Liability (where permitted by law),
which if issued, must be completed, signed and returned within ten (10) business days from the
date which the Winner matches his/her Personal Code in the Letter to the Winning Number on
www.infinitiownercelebration.com. Any guest(s) who accompany winner on cruise will be
required to sign and return a Release of Liability prior to booking. Failure of winner’s guest(s) to
sign and return a Release of Liability may result in winner’s forfeiture of prize. The winner’s
name and address on their U.S. driver’s license must match exactly the name and address printed
on the winning mail piece and on file with the Administrator. A polygraph test given by a
professional polygraphist may be required to further verify potential winner’s compliance with
these Official Rules. In the event of non-compliance, the Prize will be forfeited and will not be
awarded. Entrants agree that all decisions made by the Administrator will be final and
conclusive.
8. GENERAL RELEASE: BY ACCEPTING THE PRIZE, WINNER (AND WINNER’S GUEST(S), IF
APPLICABLE) ACKNOWLEDGE AND ACCEPT SOLE LIABILITY FOR THE INHERENTLY DANGEROUS
NATURE OF AND RISKS OF TRAVELING, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY
AND/OR DEATH. As a condition of entering, entrants, winner, and winner’s guest(s) (if applicable)
agree (and agree to confirm in writing): (a) to release Promotional Parties from any and all
liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or
misuse of the prize, or participation in prize-related activities, including but not limited to travel
related thereto, (b) under no circumstances will entrant be permitted to obtain awards for, and
entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other
damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or
connected with this Game, or the prize awarded, shall be resolved individually, without resort to
any form of class action; and (d) any and all claims, judgments, and award shall be limited to
actual out-of-pocket costs incurred, excluding attorney’s fees and court costs. POTENTIAL
WINNER IS SUBJECT TO VERIFICATION BY ADMINISTRATOR, WHOSE DECISIONS
ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GAME. AN ENTRANT
IS NOT A WINNER OF A PRIZE, EVEN IF THE WEBSITE SHOULD SO INDICATE,
UNLESS AND UNTIL POTENTIAL WINNER HAS BEEN VERIFIED AND ENTRANT HAS
BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
9. GENERAL PRIZE RESTRICTIONS: By accepting the prize, winner agrees to the following:
Promotional Parties shall have the right and permission to use (unless prohibited by law) his/her
name, voice, city/state of residence, photograph, quote(s) and/or likeness for any
advertising/publicity purposes, in perpetuity, and in any and all media or format now or hereafter
known worldwide without limitation or additional compensation, permission or notification,
except where prohibited by law. If the prize is declined or if the appropriate Affidavits/ Releases
are not received within the prescribed period, the prize will be forfeited. If winner’s guest(s) fail
to sign and return a Release of Liability prior to booking, the prize may be forfeited. The prize
claimed will be awarded to the named winner on the Affidavit of Eligibility. Sponsor is not
responsible for any change of email or mailing address of entrants. Winner (and Winner’s
guest(s) if applicable) acknowledges that neither Sponsor, Administrator, nor Promotional Parties
have 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 any prize, including but not limited to
its 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.
10. DISPUTES/BINDING ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATING TO THE GAME SHALL BE SETTLED BY BINDING
ARBITRATION IN NASHVILLE, TENNESSEE 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 TENNESSEE LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT
AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF
PRIVILEGE RECOGNIZED AT LAW. 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 GAME IF YOU DO NOT AGREE TO
HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE
OFFICIAL RULES. BY PARTICIPATING IN THE GAME, 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 GAME, OR THE 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.
THIS GAME IS GOVERNED BY U.S. LAW AND IS SUBJECT TO ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. ALL ISSUES AND
QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND
ENFORCEABILITY OF THE GAME OFFICIAL RULES, OR THE RIGHTS AND
OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE GAME,
SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS
OF THE STATE OF TENNESSEE, WITHOUT GIVING EFFECT TO THE CONFLICT OF
LAWS RULES THEREOF, AND EACH ENTRANT AGREES THAT ANY MATTERS OR
PROCEEDINGS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH ABOVE
AND/OR FOR ENTERING ANY JUDGMENT ON AN ARBITRATION AWARD, SHALL BE
SUBJECT TO THE STATE OR FEDERAL COURTS WHOSE JURISDICTION AND VENUE
INCLUDE WILLIAMSON COUNTY, TENNESSEE.
11. OTHER CONDITIONS: All Letters and potential winning numbers are subject to verification
and null and void if obtained illegitimately, or if mutilated, altered, forged, fraudulently or
mechanically reproduced or contain printing or other errors. Sponsor is not responsible for late,
lost, mutilated or misdelivered, or postage due mail. In the event of an error and more than one
matching Personal Code for the Prize is printed and/or distributed for the prize, then a random
drawing will be held to determine one winner from the individuals who present a valid matching
Personal Code for the Prize. No more than the number of prizes stated herein will be awarded. No
one other than the designated individual on file is eligible to claim the Prize, regardless of
whether s/he is in possession of a mail piece and/or email printed with a Personal Code that
matches the Winning Number. Any unclaimed or improperly claimed prizes will not be awarded.
Sponsor’s sole liability for a Personal Code or for a Letter which is unreadable or defective for
any reason is limited to replacement with another Personal Code, while supplies last. In the event
a matching Personal Code is not presented, the Prize shall not be awarded. Sponsor may, at its
sole discretion, suspend or terminate the Game by posting notice at participating dealers should
fraud, printing errors or other causes beyond the control of Sponsor corrupt the administration,
security or proper play of the Game.
12. ADDITIONAL TERMS: Administrator, in its sole discretion, may disqualify any individual
from participation in or use of any or all portions of the Game, and refuse to award the Prize, if an
entrant engages in any conduct Administrators deems to be improper, unfair or otherwise adverse
to the operation of the Game or detrimental to other Invitees of the Game. Such improper
conduct includes, without limitation, falsifying personal information required during prize claim,
violating any term or condition stated herein, accumulating entries through methods such as
automated computer scripts or any other programming techniques, allowing others to use their
personal information for the purpose of intentionally trying to defraud, reverse engineer,
disassemble or otherwise tamper with the Game. Entrants agree that Administrator may require
the return of any part of the Prize that Entrant may have won as a result of such improper
conduct. Entrant further acknowledges that any forfeiture of the Prize and/or return of the Prize
shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal
or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO
DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS
GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH
AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR
OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT
TO THE FULLEST EXTENT PERMITTED BY LAW.
13. NO WARRANTY: THE GAME AND PRIZE ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14. NAME REMOVAL/WINNER’S LIST: If you do not wish to receive future
game/sweepstakes mailings from Nissan North America, please send your complete name
and address to: Name Removal Request, Nissan North America, Inc., PO Box 669, West
Chicago, IL 60186. For a winner’s list, please send a self-addressed stamped envelope by
05/31/21 to: INFINITI Owner Celebration Event c/o Epsilon Data Management, LLC, PO Box
985, West Chicago, IL 60186.
15. SPONSOR: Nissan North America, Inc., One Nissan Way, Franklin, TN 37067.
Administrator: Epsilon Data Management, LLC, 1240 North Avenue, West Chicago, IL 60185.
Shinola® is a registered trademark of Shinola/Detroit, LLC. All rights reserved. Shinola is not a
participant or sponsor of this promotion.
Silversea® is a registered trademark of Silversea Cruises LTD. All rights reserved. Silversea is
not a participant or sponsor of this promotion.