Penske Racing – Team Penske Mustang – Win a grand prize of a 2016 Ford Mustang GT valued at $35,000 ARV plus one years supply of Shell V-Power NiTRO Premium Gasoline
#PENSKE50 MUSTANG SWEEPSTAKES” PROMOTION
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The “#Penske50 Mustang Sweepstakes” Promotion (“Promotion”) is sponsored by Penske Racing Inc. (“Sponsor”), 200 Penske Way, Mooresville, NC 28115, USA.
1. PROMOTION PERIOD: The Promotion begins on February 1, 2016 at 12:00 A.M. (midnight) Eastern Time (“ET”) and ends on November 30, 2016, at 11:59:59 AM ET (“Promotion Period”). The Promotion consists of one (1) entry period as set forth in the chart below (each an “Entry Period”):
Entry Period: 1
Start Date (at 12:00 AM ET): 2/1/16
End Date (at 11:59:59 AM ET): 11/30/16
Random Drawing Date (on or about): 12/4/2016
The Administrator’s computer is the Promotion official clock.
2. ELIGIBILITY: The #Penske50 Mustang Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are licensed drivers and are at least eighteen (18) years old at the time of entry beginning February 1, 2016. Employees, contractors, directors, the employees, directors, and officers of Penske Corporation, Ford Motor Company, Shell Oil Company, their dealers, their respective subsidiaries and affiliated companies, participating retailers, advertising, fulfillment, and promotion agencies, their respective shareholders, agents, members, successors and assigns and their respective immediate family members and those living in their same households are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator.
3. HOW TO ENTER THE PROMOTION: During the Promotion Period, an eligible entrant (“Entrant”) may enter the Promotion using one (1) of the following two (2) methods of entry:
A. Online Method of Entry: Participants may enter online at www.TeamPenske.com without making a purchase. Participants will be asked to provide first and last name, mailing address, phone number and email address (optional). Participants may also be asked to answer optional questions; however, they need not be answered in order to be eligible for the Sweepstakes. One entry into the Sweepstakes per person is allowed. Neither Sponsor, Administrator, nor Ford Motor Company, nor Shell Oil Products US, nor their affiliates, nor parent company and subsidiaries (if applicable) are responsible for late, lost, illegible, incomplete, mutilated, misdirected, duplicate, or stolen entries, which will be disqualified. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned.
B. Free Method of Entry: To enter the Promotion without making a purchase, an Entrant may hand-write his/her complete name (no initials), valid e-mail address (optional), street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: ““#Penske50 Mustang Sweepstakes,” Mail-In Entry Request, 200 Penske Way, Mooresville, NC 28115, USA. All Mail-In Entries must be postmarked no later than, and received on or before, the end date set forth in the chart in Section 1 of these Official Rules, in order to be eligible for the applicable Entry Period.
Mail-In Entries must be legibly hand-written and signed by Entrant. Mechanical reproductions, postage-due, Mail-In Entries mailed in an envelope or sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries.
C. General: Regardless of the method of entry used to participate in the Promotion, each Entrant may submit not more than one (1) Promotion entry by online method and not more than one (1) Promotion entry by mail during the entire Promotion Period.
If it is discovered that an Entrant has registered or attempted to register more than once during the Promotion Period using multiple e-mail addresses or mail addresses or multiple identities, all of that Entrant’s entries will be declared null and void and any prize he/she might have been entitled to will not be awarded. For purposes of the Promotion, an Entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
4. RANDOM DRAWING: On or about the random drawing date set forth in the chart in Section 1 of these Official Rules, the Administrator will randomly select the potential winners from among all eligible entries received during the Entry Period. Each winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules
5. PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE (“ARV”):
A. Prize ONE (1) GRAND PRIZE: A 2016 Ford Mustang GT (estimated ARV $35,000) and one year’s supply of Shell V-Power NiTRO+ Premium Gasoline (estimated ARV $2,000*). Sponsor will determine all features of vehicle, including but not limited to color of exterior and interior, and all other features or upgrades requested by the prize winner will be allowed only if available and permitted by delivering dealer and paid for by winner. Winner must be a legal resident of the forty-eight contiguous United States or the District of Columbia and a licensed driver and will be required to provide proof of insurance at time of delivery. Winner is responsible for all taxes, fees, title, license, registration, dealer preparation costs, auto insurance, gasoline, destination and delivery charges and other fees associated with prize, including federal/state income tax on value of prize. Winner must take delivery of prize from the authorized Ford automobile dealership in the forty-eight contiguous United States or the District of Columbia designated by Sponsor. Winner will be awarded one year’s supply of Shell V-Power NiTRO+ Premium Gasoline in the form of Shell V-Power® NiTRO+ Gift Cards, redeemable for fuel, products or merchandise at any Shell Station location in the forty-eight (48) contiguous United States and the District of Columbia. Prize is non-transferable and may not be substituted for cash, except at the discretion of the Sponsor or where required by law.
*For the purposes of this Prize, “a year’s worth of Shell V-Power Gasolines” is calculated as the average consumer’s yearly gasoline consumption of 864 gallons (4.5 fuel purchases per month x 16 gallons of gasoline per purchase x 12 months) at the December 15, 2015 cost of $2.509 / gallon (consistent with the U.S. Energy Information Administration U.S. Premium Gasoline Price average) released on December 14, 2015 (864 x $2.509 = $2,167.78. The fuel portion prize has been rounded up to $2,200.00.
B. General Prize Conditions/Restrictions: Terms and conditions of all releases apply. If any element of a prize described above is delayed, postponed, or canceled for any reason whatsoever, the winner will not be reimbursed. Each winner will not receive compensation from Sponsor for the winner’s inability to use or receive the prize due to cancellation, delay or postponement of any delivery of the prize or a portion of the prize. All details of the prize will be determined by Sponsor in its sole discretion. The prize is awarded pursuant to a revocable nontransferable license that is personal to the winner and may not be sold, resold, auctioned, bartered, assigned, exchanged, rented, leased, placed in commerce, transferred, given away, donated, or otherwise conveyed. A violation of these restrictions shall revoke winner’s license, and may result in the prize not being awarded. Sponsor reserves the right to remove or to deny entry to the winner if such winner violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person participating in the award of the prize. Promotion Prize winner must pick up the prize from the designated Ford dealership, and any additional costs, taxes or any other expenses relating to the prize are the sole responsibility of the prize winner.
All costs and expenses not specifically included herein are solely each winner’s responsibility, including but not limited to travel cost and hotel accommodations and any federal/state income tax on value of automobile and fuel portion of the prize. The prize winner is solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). The prize winner hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the prize. The winner of the prize is responsible for all charges including but not limited to gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules.
In no event will more prizes than the one (1) stated in these Official Rules be awarded.
C. Odds of Winning: The odds of winning a prize depend on the total number of eligible entries received during each Entry Period.
D. Prize Limit: Only the Grand Prize will be awarded.
6. HOW TO CLAIM A PRIZE: After the random drawing, the potential winner will be notified via e-mail by Sponsor or its authorized designee at the e-mail or mailing address submitted when entering the Promotion (“Notification”). Before being confirmed as a winner, the winner of the prize must complete and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where permissible) and a tax acknowledgment form (“Documents”), which will be sent with the Notification. The completed Documents must be signed and notarized, where applicable, and returned to Administrator for receipt within three (3) calendar days from the date it was sent to a potential winner or the prize may, in Sponsor’s sole and absolute discretion, be forfeited. In the event that any e-mail or mail is returned as undeliverable, or if no response to the Notification is received within the time period stated, or if a potential winner does not comply with these Official Rules, the prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Sponsor may award the prize in a random drawing consisting of all eligible entries received, at its sole discretion. If after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.
After being confirmed as a winner the winner is responsible for picking up the prize at the designated Ford dealership.
No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason. Each prize will only be awarded to a verified winner.
7. LIMITATION OF LIABILITY: By participating in this Promotion, Entrants agree that the Promotion entities such as, but not limited to, Sponsor or Administrator or Penske Corporation or Ford Motor Company or Shell Oil Products US, and each of their respective parent companies (if applicable), affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, and Web masters (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting a prize. The Released Parties shall not be responsible or liable for entries or entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and reasonable including the selection of a winner among eligible entries received prior to such cancellation, termination, modification or suspension. This Promotion is subject to all federal, state, and local laws and regulations.
By entering the Promotion, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Promotion or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) device, equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Promotion, including the prize components, are provided “as is” without warranty of any kind other than the express terms of the vehicle’s warranty from Ford Motor Company or the tire manufacturer, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
8. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each Entrant agrees to allow Sponsor and/or Sponsor’s designee and/or Ford Motor Company and/or its designee and/or Shell Oil Products US and/or its designee the perpetual right to use his/her name, biographical information, photos and/or likeness, voice recording, video images and all related footage, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on television, radio, the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected, in Sponsor’s sole and absolute discretion, that an Entrant has registered or attempted to register using multiple e-mail or other addresses, identities, proxy servers or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant will be ineligible to win the prize. Also, if it is discovered that any Entrant attempts to make additional entries in excess of the stated limitation, that Entrant may, in Sponsor’s sole and absolute discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address or mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each Entrant may be required to show proof of being an authorized account holder. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television, print and electronic advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
12. WINNERS LIST: To obtain a list of the name of the winner, mail a self-addressed, stamped business-sized envelope to: “#Penske50 Mustang Sweepstakes,”,Winners List Request, 200 Penske Way, Mooresville, NC 28115, USA. Winners List requests must be received by January 11, 2017.
Sponsor: Penske Racing Inc., 200 Penske Way, Mooresville, NC 28115, USA.
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