Saatchi & Saatchi – Dear Colts Fan – Win admission tickets for the Finalist and one guest to attend the Indianapolis Colts season opener home game in September 2020.
Dear Colts Fan Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING.
1.DESCRIPTION: The “Dear Colts Fan Sweepstakes” (the “Sweepstakes”) entry begins on Saturday, August 17, 2019 at 9:00 am Eastern Time (“ET”) and ends on Wednesday, January 1, 2020 at 11:59:59 pm ET (“Sweepstakes Period”). The Sweepstakes consists of a random drawing wherein five (5) Finalists will be selected to have the opportunity to win the Grand Prize, as described herein. The administrator of this Sweepstakes is Creative Zing Promotion Group, 2265 Lee Road, Ste 229, Winter Park, FL 32789 (“Administrator”). The sponsor of this Sweepstakes is Saatchi & Saatchi North America, Inc. on behalf of its client the Chicago Region Toyota Dealers Association, One Tower Lane, Suite 3110, Terrace, IL 60181 (“Sponsor”).
2. ELIGIBILITY: This Sweepstakes is only open to legal United States residents residing in Indiana who are twenty-one (21) years of age or older at the time of entry and hold a valid Indiana driver’s license (each an “Entrant” or, collectively, “Entrants”). Employees, owners, shareholders, officers and directors of Sponsor, Sponsor’s local dealer groups and authorized dealers/distributors, Toyota Motor Sales, U.S.A., Inc., Saatchi & Saatchi North America, Inc., and Administrator (collectively, the “Sweepstakes Entities”) and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies together with the Immediate Family Members and/or those living in the same household of such persons (collectively, “Household Members”), and employees, officers, directors and agents of the Indianapolis Colts Inc. (the “Colts”), and the National Football League (the “NFL”); the NFL Member Clubs; NFL Properties LLC; NFL Enterprises LLC; NFL Ventures, Inc.; NFL Ventures, LP; NFL Productions LLC; NFL International LLC; and each of their respective affiliates, subsidiaries, shareholders, representatives, officers, directors, agents and employees (and collectively, with the Colts and the NFL, the “NFL Entities”) are not eligible to participate in the Sweepstakes.
For purposes of the Sweepstakes “Household Members” shall mean those people who share the same residence at least three months a year; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses; and employees of “local dealer groups, authorized dealers and distributors” shall include individuals employed directly by the local dealer group, authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the Authorized Account Holder of the email address associated with the entry. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. Grand Prize is non-transferable and cannot be substituted, sold or bartered prior to such prize being fulfilled to the winner. Void outside of Indiana and where prohibited or restricted by law.
3. HOW TO ENTER: Through a series of advertisements, promotional messages and signage at Lucas Oil Stadium and at participating Toyota dealerships, potential Entrants will be invited to visit the online entry form (the “Website”) using the link provided in the corresponding advertisement or message. Entrants must visit the Website and complete the entry form by completely and accurately providing all of the requested information (including, but not limited to: full name, primary email address, zip code, daytime phone number, and date of birth), check the box to affirmatively accept the Official Rules, and follow the on-screen instructions to submit their entry to receive one (1) entry into the Sweepstakes. All requested information on the entry form must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry.
Limit one (1) entry per person and/or email. All entries must be received by Wednesday, January 1, 2020 at 11:59:59 pm ET. Entries in excess of the limit may result in disqualification of the Entrant. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, registrations, logins, and/or any other methods will void such Entrant’s entry and that Entrant may be disqualified from the Sweepstakes. Entries in excess of the limit may result in disqualification of the Entrant. Entries generated by a macro, script or other automated means will be disqualified. Each Entrant must be the rightful owner (or have authorized use) of the email address used for entry. Entrants must provide all information requested on the entry form to be eligible to win. All entries become the sole property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
4. FINALIST SELECTION & NOTIFICATION: Five (5) potential Finalists will be selected at random from all eligible entries received during the Sweepstakes Period on or about Monday, January 6, 2020 and will be notified at the email address or phone number associated with the entry. Potential Finalists will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of notification. The failure to respond timely to the notification may result in forfeiture of your status as a Finalist. If a potential Finalist is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Finalist prize for any reason prior to award, such potential Finalist will be disqualified and an alternate potential Finalist may be selected, at the sole discretion of the Sponsor and/or Administrator. Administrator, in its sole discretion, will attempt to contact an alternate potential Finalist may be selected in accordance with the above procedure. Potential Finalists will be required to verify their address, provide a copy of a valid driver’s license and execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release, and other prize releases (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Potential Finalists will not be confirmed as Finalists until all such properly executed forms are returned. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
5. ODDS OF WINNING: Odds of being selected as a Finalist depend on the number of eligible entries received.
6. FINALIST PRIZES: Five (5) Finalist Prizes are available. Each Finalist Prize consists of: A.) participation in a tour (“Tour”) of the Lucas Oil Stadium or Indianapolis Colts practice complex (exact Tour to be determined at the sole discretion of Sponsor) currently contemplated for a date in January or February 2020 to be confirmed by Sponsor, (B.) the opportunity to participate in the “Grand Prize Event” (as described below) and (C. ) two (2) admission tickets for the Finalist and one (1) guest to attend the Indianapolis Colts season opener home game (“Game”) in September 2020. Approximate Retail Value (“ARV”) of each Finalist Prize is $92.00
FINALISTS MUST BE ABLE TO ATTEND THE TOUR ON THE DATE DETERMINED BY THE SPONSOR OR STATUS AS A FINALIST WILL BE FORFEITED AND NO ADDITIONAL COMPENSATION WILL BE AWARDED. No prize substitution or cash redemption of prizes, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or any portion thereof, with a prize of comparable or greater value. Sweepstakes Entities will not replace any lost or stolen tickets. Finalists and guests are solely responsible for transportation to and from the Game. Any depictions of prizes are for illustrative purposes only. Finalists are solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the redemption of a prize, including but not limited to transportation to and from the Tour, the Game and parking. If a Finalist Prize, or any portion thereof, cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater value will be awarded; provided, however, that if a Finalist Prize is awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in the sole discretion of the Sponsor. Prizes are non-transferrable.
Limit one (1) Finalist Prize per household.
Game Conduct: Finalist Prize Winners and Guests shall conduct themselves with due regard to the public conventions and morals. The Finalist Prize Winners and Guests shall not, while representing the Sweepstakes Entities during the game, commit an offense involving moral turpitude under local laws or ordinances. The Finalist Prize Winners and Guests shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event the Finalist Prize Winners or Guests engage in behavior that (as determined by Sponsor and/or Administrator in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor and/or Administrator reserve the right to terminate the Game early and send the Winners and/or Guests home with no further compensation.
7. GRAND PRIZE EVENT & GRAND PRIZE REQUIREMENTS: During the Tour, the five (5) confirmed Finalists, will be invited onto the field or another area as designated by Sponsor. Five (5) representatives of Sponsor will each be holding a case. The Finalists will each be invited to select and open one of the cases. The Finalist who opens the case that contains a key unlocking the Grand Prize vehicle will win the Grand Prize, subject to verification of eligibility. Sponsor will randomly determine the order in which each Finalist selects his/her case. All Finalists must be present to win. Sponsor reserves the right to proceed with the Grand Prize Event with fewer than five (5) Finalists for any reason. Should the Tour be cancelled or postponed for any reason, Sponsor reserves the right to hold the Grand Prize Event at an alternate venue and/or at a different time and date or to conduct a random drawing from the eligible Finalists to determine the Grand Prize winner. The maximum odds of winning the Grand Prize are 1:5.
The Grand Prize winner will be required to complete a Grand Prize Affidavit of Eligibility & Liability Release, and any other releases deemed relevant by the Sponsor (the “Grand Prize Winner Documents”), in its sole discretion in the time frame directed by Sponsor and/or Administrator. Failure to complete and/or return the Grand Prize Winner Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner in a random drawing from the remaining Finalists.
8. GRAND PRIZE: One (1) Grand Prize will be available. Grand Prize consists of: One (1) 2019 Toyota RAV4 Hybrid (the “Vehicle”). Manufacturer’s Suggested Retail Price (“MSRP”) of Vehicle, excluding license, registration and destination & handling charges is $35,890.00. Vehicle, color, options and accessories are to be determined at the sole discretion of the Sponsor. ALL FEDERAL, STATE AND LOCAL INCOME TAXES, AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. If the actual value of any prize is less than the ARV stated herein, the winner will NOT be entitled to a check, cash or other form of payment for the price difference. For tax reporting purposes, the Grand Prize Winner must provide Administrator with a valid social security number before the prize will be awarded. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the Grand Prize received. IRS Form 1099 will be issued in January 2021.
Grand Prize winner may not sell Vehicle back to the dealership from which it is received. In the event Sponsor discovers that Grand Prize winner has sold the Vehicle to the dealership from which it is received, Sponsor reserves the right to request payment from Grand Prize winner for the total MSRP. No prize substitution or cash redemption of Grand Prize is allowed, except at Sponsor’s sole discretion. If the Grand Prize becomes unavailable for any reason, Sponsor reserves the right to substitute a prize of comparable or greater value, in its sole discretion however, if the prize is awarded but is unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor’s sole discretion. Grand Prize is not transferable prior to award. Any depictions of prizes are for illustrative purposes only. Vehicle awarded may differ from vehicle shown in promotional materials.
Vehicle Delivery: Grand Prize winner is required to comply with all applicable federal, state and local laws, rules and regulations, including but not limited to licensing and insurance requirements. The MSRP of the Grand Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the MSRP is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Vehicle will be delivered with standard equipment for make and model; all upgrades and options, are at the sole cost of winner. Title, taxes, registration, license, and similar fees, and insurance costs are the sole responsibility of the winner. Winner must possess a valid U.S. driver’s license. Winner will be required to show proof of currently valid driver’s license and state mandated insurance prior to taking delivery of the vehicle. Sweepstakes Entities shall not be responsible for delays in availability of the Vehicle; final awarding of the Vehicle is subject to availability. Sweepstakes Entities shall use all reasonable efforts to award the Vehicle within one hundred and eighty (180) days after receipt of the Grand Prize Winner Documents. The Grand Prize Winner shall be responsible for personally taking delivery of the Vehicle at Ed Martin Toyota, 9230 E. 141st St., Noblesville, IN 46060. The Grand Prize Winner shall be solely responsible for all travel or transportation costs to and from the dealership. The Grand Prize Winner must personally retrieve the Vehicle within thirty (30) days of written notification of delivery. The Vehicle will be delivered solely with the express written limited warranties set forth in the Vehicle’s applicable Owner’s Guide, which warranties shall run for the term set forth in said guide.
9. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification, prize fulfillment and taxation tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant, on behalf of himself or herself, agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant, on behalf of himself or herself agrees to release the Sweepstakes Entities and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies, Indianapolis Colts and the NFL Entities and each of their respective successors, employees, agents, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injuries, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Further, each Winner, on behalf of himself or herself, authorizes the Sponsor and its agents and their designees to use his/her photo, video, name, address, voice, likeness, testimonial, prize information and personal exposition (and/or any edited portion thereof) in advertising, marketing, programming, publicity or promotional materials, in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to the Winner to the extent permitted by law. Winners may be asked to participate in select publicity activities and events, as determined at the sole discretion of the Sweepstakes Entities. Sponsor is not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of any Winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the Winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE ENTRY FORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, OR ANY AWARD AWARDED, 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), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
10. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Sweepstakes, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved individually without resort to any form of class action and exclusively by arbitration to be held solely in Indiana, pursuant to Indiana law without regard to choice of law rules, under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of the Entry Form, or otherwise accessing the Entry Form, but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Sweepstakes, or the rights and obligations of Entrants and Sweepstakes Entities, shall be governed by, and construed in accordance with, the laws of the State of Indiana, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.
fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personally identifiable information to any third party other than the Sweepstakes Entities as described herein.
12. SPONSOR: Saatchi & Saatchi North America, Inc. on behalf of its client the Chicago Region Toyota Dealers Association, One Tower Lane, Suite 3110, Terrace, IL 60181
13. ADMINISTRATOR: Creative Zing Promotion Group, 2265 Lee Road, Ste. 229, Winter Park, FL 32789
14. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of the Winners’ List or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to “Dear Colts Fan Sweepstakes” Winners’ List/Rules, 2265 Lee Road, Ste 229, Winter Park, FL 32789. Requests for the names of the winners must be received no later March 1, 2020.
The Colts have not offered or sponsored this Sweepstakes in any way and will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. NFL Properties L.L.C.; NFL Ventures, L.P.; the NFL and its member professional football clubs; and each of their respective affiliates, subsidiaries, shareholders, representatives, officers, directors, agents, and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with the participation in this Sweepstakes or any prize awarded. The NFL entities have not offered or sponsored this Sweepstakes in any way. Team names/logos are trademarks of the teams indicated. All other NFL-related trademarks are trademarks of the National Football League.