THE OFFICIAL SWEEPSTAKES RULES CONTAIN TWO PARTS:
1) 2019 AUDI CLUB NORTH AMERICA SWEEPSTAKES OFFICIAL RULES
(2) RALLY-UP OFFICIAL RULES
2019 AUDI CLUB NORTH AMERICA SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY: A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
1. ELIGIBILITY: The 2019 Audi Club North America (ACNA) Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States (New York residents not eligible) and Canada (Quebec residents not eligible) who are 18 (except 19 in Alabama and Nebraska and 21 in Mississippi) years of age as of the date of entry. Canadian winners will be required to correctly answer a mathematical skill testing question as a condition of receiving a prize. Entrants must be physically located in the United States (entries prohibited in New York) or Canada (entries prohibited in Quebec). “Sponsor” (as defined below) employees, contractors and national board members are not eligible to participate in the sweepstakes. In addition, persons residing at their same address and immediate family members (spouse, parents, siblings, children) of those excluded persons are also not eligible to participate in the sweepstakes. The Sweepstakes begins on November 1, 2019 at 12:01 a.m. ET and will conclude on February 21, 2020 at 11:59 p.m. ET (the “Sweepstakes Period”). Void in New York State, Province of Quebec and where prohibited by law.
2. SPONSOR: Audi Club North America, W359N5920 Brown St., Suite 103, Oconomowoc, WI 53066-2488 (“Sponsor”)
3. TO ENTER: There are four (4) ways to enter the Sweepstakes during the Sweepstakes Period:
(A) With a Donation:
(i) Online: During the Sweepstakes Period, go to www.audiclubna.org/sweepstakes and follow the instructions to make a donation to Sponsor. Donations are not tax deductible. Internet access required at your cost.
(ii) Telephone: Call the Audi Club North America office at (262) 567-5476 to make a donation using a credit or debit card.
(iii) Mail: During the Sweepstakes Period, go to www.audiclubna.org/sweepstakes. Download and complete the “Sweepstakes Entry Form” with all requested information. Send completed Sweepstakes Entry Form to Audi Club North America, 2019 Audi Club Sweepstakes, W359N5920 Brown St., Suite 103, Oconomowoc, WI 53066-2488.
(B) Without Donation: To enter without donating, during the Sweepstakes Period, visit the Sweepstakes web page at www.audiclubna.org/sweepstakes and scroll down to the bottom to view the “Alternate Method of Entry” link. Click on the link to complete your free entry by following the instructions provided. Limit of one mail-in entry per person or household.
All entries into the Sweepstakes must be received by the end of the Sweepstakes Period. Use of any automated system to participate in the Sweepstakes is strictly prohibited and will result in disqualification and all entries submitted or received via such automated system will be void. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected information or entries, caused by the entrant, which will be disqualified and void. In the event of a dispute as to the identity of any entrant, the authorized account holder (as defined herein) of the email address used by, or connected to, the eligible entrant will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being an authorized account holder.
4. MINIMUM ENTRIES: If fewer than 100,000 entries are received, ACNA reserves the right in its absolute discretion to substitute one-half (50%) of the net donation revenue at the time of the entry deadline as the prize in lieu of the listed prize.
5. PRIZE DETAILS: One (1) grand prize available. Winner will choose one vehicle from the three choices: (a) 2020 Audi RS 5 coupe (Approximate Retail Value (“ARV”): US$74,200), (b) 2020 Audi RS 5 sportback (ARV: US$74,800) or (c) 2020 Audi e-tron SUV (ARV: US$74,200). US resident winner must take delivery of vehicle at an authorized Audi of America dealer. Canada resident winner must take delivery of vehicle at an authorized Audi Canada dealer. Winner responsible for US$995 destination fee. Any increase in the ARV or destination fee must be paid by the winner. All taxes, fees, licenses or options added must be paid by the winner. The prize is subject to availability. ACNA reserves the right to substitute a cash prize or Audi vehicle of equal value. Sponsor will determine all features of vehicle including but not limited to color of exterior and interior and all other features or upgrades. Winner must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winner is responsible for title, license, registration, dealer preparation costs, auto insurance and other fees associated with prize.
Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize or a prize component for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use, including but not limited to, all state, federal, and income taxes. Odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period. Winner will not receive difference between actual and approximate retail value.
6. PRIZE DRAWING: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Sweepstakes Period, on or about February 28, 2020. The potential winner will be notified by email or phone. Except where prohibited, the potential grand prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release which must be received by Sponsor, within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted or fails to sign and return the Declaration of Compliance, Liability and Publicity Release within the required time period, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
7. RELEASE: By receipt of the prize, winner agrees to release and hold harmless Sponsor, promotional partners, and each of their respective subsidiaries, affiliates, limited liability companies, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each of their respective officers, shareholders, directors, members, employees, licensors, successors, assigns and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s, its agents’, and promotional partners’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s a failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Administrator, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court located in the State of Wisconsin or the appropriate Wisconsin State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
13. WINNER LIST: For a winner list, visit www.audiclubna.org/sweepstakes. The winner list will be posted after winner confirmation is complete.
RALLY-UP OFFICIAL RULES
NO PURCHASE, DONATION OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
By participating in a Sweepstakes on RallyUp, you agree to these Official Rules and all decisions by the Sponsor of the Sweepstakes (“Sponsor”), which are final and binding in all matters.
SWEEPSTAKES ELIGIBILITY: Sweepstakes are open only to legal residents of the 50 United States, the District of Columbia, countries in the EU, U.K., and Canada who are 18 (except 19 in Alabama and Nebraska and 21 in Mississippi) years of age as of the date of entry or of legal age of majority or older in their country of residence. Canadian winners will be required to correctly answer a mathematical skill testing question as a condition of receiving a prize. Sweepstakes is void in Cuba, Islamic Republic of Iran, Iraq, Democratic People’s Republic Of Korea, Myanmar, Sudan, Syrian Arab Republic, the State of New York, Province of Quebec, and any place where offering the sweepstakes or the awarding of a prize is prohibited. All international, federal, state and local laws, rules and regulations apply. Void where prohibited by law.
Participants are responsible for reviewing specific restrictions on sweepstakes entry and/or eligibility to receive a sweepstakes prize in their country of residence. Some countries may allow you to enter a sweepstakes but not allow you to receive a prize.
Directors, officers, and employees of Sponsor and their respective parents, affiliate companies, subsidiaries, agents, advertising, fulfillment, marketing and promotion agencies and anyone involved in the development or execution of the Sweepstakes, as well as their immediate family members (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members of each such employee, whether or not related, are not eligible to participate in the Sweepstakes.
SWEEPSTAKES PROMOTION PERIOD: The start date, end date, and drawing date are listed on each Sweepstakes Campaign Page (“Campaign Page”). Time keeping device of the Sponsor is the official clock of the Sweepstakes.
HOW TO ENTER A SWEEPSTAKES: RallyUp offers several different ways to enter a Sweepstakes. See below for all methods of entry.
To Make a Donation: To enter by making a donation, visit the URL of the Campaign Page you wish to participate in and follow the on-screen instructions to make a donation online with your credit card. Donation entries will receive the applicable number of entries listed on the Campaign Page for the specified donation level. If you don’t know the URL of the Campaign you wish to participate in, feel free to email RallyUp for assistance at: [email protected]
All donations must be made online through the Campaign Page via credit card and must be processed completely before the end date of the Sweepstakes. Donations not completed by the end date will not count as entries. No phone donations will be accepted. Illegible, incomplete, forged, mechanically reproduced or altered entries will be not accepted. All entries become the property of Sponsor and will not be returned. Donations made in this Sweepstakes, less any transaction fees and processing costs, will go directly to the Sponsor.
To Enter for Free: To enter without making a donation, visit the Campaign Page and scroll down to the bottom to view the “Alternate Method of Entry” link. Click on the link to fill out, complete, and mail in your free entry form by following the instructions provided. Limit of one mail-in entry per person/household for each Sweepstakes. Each free entry submitted will receive entries equal to the average number of entries received by those who made donations for the Sweepstakes. If the average number of entries by donation is not a whole number, your average number of entries received will be rounded up to the next whole number. (Example: 2.3 entries will be rounded up to 3 entries.) Those who do not follow all of the instructions, fail to provide the required information with their donations or on their entry forms, or fail to abide by these Official Rules or other instructions of Sponsor may be disqualified at the Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, misdirected, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified at Sponsor’s sole and absolute discretion. In the event of a dispute as to the identity of any entrant, the entry will be deemed submitted by the account holder of the credit card on which the donation was charged (if entry via donation method) or by the account holder of the e-mail address used to enter. “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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner(s) may be required to show proof of being the credit card holder or authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Potential Winner(s) will be disqualified.
SPECIAL NOTE ABOUT TAXES: Donations made to a Sweepstakes may not be tax-deductible in your jurisdiction and the Winner’s prize may be taxable in your jurisdiction. Consult a tax professional. You agree that Sponsor nor RallyUp is not providing any accounting, tax or legal advice.
WINNER SELECTION AND ODDS OF WINNING: Sponsor or designee will conduct a random drawing, and will award the prize(s), on the drawing date listed on the Campaign Page from all eligible entries received for each drawing to determine the Potential Winner(s) (“Potential Winners”). Entries are subject to verification by the Sponsor, and Potential Winners are not final Winners and will not receive a prize until their eligibility has been verified by Sponsor pursuant to rule 6. Odds of winning any drawing depend upon the total number of eligible entries received for each drawing. Sponsor reserves the right in its sole discretion to disqualify all suspect entries.
PRIZES: The prize(s) are described on the Campaign Page and in any special Campaign rules, including the approximate retail value for the prize(s). In the event that Sponsor is unable to provide a Winner with his/her prize(s), Sponsor may elect, in its sole and absolute discretion, to provide Winner(s) with an alternate prize of equal or greater value. If a Winner declines a prize for any reason, the Winner will not receive any substitution or reimbursement of the prize or portion thereof. Taxes and fees, if any, are the sole responsibility of each Winner. The prizes are provided as-is with no guarantee. All warranties, whether express or implied, including the warranties of merchantability and fitness for a purpose, are hereby disclaimed by the released parties. All prize details are at sponsor’s sole discretion. Any costs and expenses associated with prize acceptance and use not specified herein as being provided are Winners’ sole responsibility. For all travel prizes, Winner must travel on the dates specified by Sponsor and all airfare is coach class and hotel accommodations are standard class, unless otherwise specified. Any meetings with celebrities are subject to security and background checks. For international travel, you are responsible for obtaining all necessary travel authorizations, visas, or other documentation. All other expenses are your responsibility. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. Neither Sponsor nor RallyUp is responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to the trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in your possession, will not be replaced. Winner and guest (when applicable) must travel on same itinerary. If you or your guest are, in our opinion, obnoxious, threatening, abusive, or harassing we can terminate the trip or prize, in whole or in part, and send you both home with no further compensation. Your guest must be of legal age of majority in his/her jurisdiction of residence, or your child or legal ward (unless otherwise approved by us). If you live within a one hundred (100) mile radius of the site where the prize is to be performed, ground transportation may be provided instead.
VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: Potential Winner(s) will be notified by email or phone within thirty (30) business day after being selected in a drawing by Sponsor or its representative. Potential Winners are not Winners of any prize until their eligibility has been verified and they have received notice from Sponsor that they have won a prize, even if any information on Sponsor’s website on any other location indicates that an entrant has won. Potential Winner(s) may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. If a Potential Winner cannot be contacted within forty-eight (48) hours after Sponsor attempts notification, is ineligible to win a prize, fails to return any and all requested documentation within the time stated on the notification (whether or not Potential Winner actually receives that notification), refuses the prize, or otherwise fails to comply with these Official Rules, then the Potential Winner forfeits the prize in its entirety. If a Potential Winner forfeits a prize, Sponsor will select a substitute Potential Winner by random drawing of the remaining eligible entries.
USE OF NAME AND LIKENESS: Unless it is otherwise prohibited by law, by accepting any prize, each Winner expressly grants to Sponsor, and their respective designees, to use and publish his/her name, likeness, and photograph for advertising, promotional, publicity and other purposes in connection with this Sweepstakes (“Advertising”) in any manner, in any and all media, now known or hereinafter devised, worldwide, in perpetuity, without further payment or consideration, notification, or permission (unless prohibited by law). Each Winner further agrees to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use. All copyright, trademark or other intellectual property rights in such advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law.
RELEASE; LIMITATIONS OF LIABILITY; GENERAL CONDITIONS: Sponsor, RallyUp, and their respective parents, affiliates, subsidiaries, advertising, fulfillment, marketing, and promotion agencies, and all of their respective officers, directors, shareholders, partners, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) are not responsible for: (a) late, lost, stolen, damaged, garbled, incomplete, mistyped, misaddressed or misdirected entries, emails, mail or communications; (b) errors (including printing), omissions, interruptions, deletions, defects, or delays in operations or transmission of information, whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices; (c) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages or insufficient space on an entrant’s computer; and (d) errors in the administration of this Sweepstakes. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Sweepstakes should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any such cancellation, termination or suspension, a notice will be posted and Sponsor in its sole discretion may select Potential Winners among all eligible, nonsuspect entries received prior to such time. Sponsor and RallyUp reserve the right, in their sole discretion, to disqualify entrants who tamper with the entry process or if their fraud or misconduct affects the integrity of the Sweepstakes or if they engage in any inappropriate or unacceptable behavior in connection with the Sweepstakes. Released Parties reserve the right to correct clerical or typographical errors in promotional materials.
By participating in this Sweepstakes, you agree to release and hold harmless the Released Parties from and against any claim or cause of action, including but not limited to, personal injury, death, damage to or loss of property, a privacy violation that may arise out of your participation in the Sweepstakes, or your receipt or use or misuse of any prize.
DISPUTES: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a United States District Court in Arizona; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event will you be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses in entering the Sweepstakes, and waive any and all rights to have damages multiplied or otherwise increased. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws in Arizona, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the state of Arizona.
CAUTION: Sponsor and RallyUp reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sponsor or RallyUp to be in violation of these Official Rules, or to be acting in any manner deemed by the Sponsor or RallyUp to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated entries and/or registrations. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
ENTRANT’S PERSONAL INFORMATION: By entering this Sweepstakes, you consent to the collection, use and disclosure of your personal information for the purpose of administering this Sweepstakes and prize fulfillment. You may also have the opportunity to sign up to receive promotional emails from parties associated with the Sweepstakes. Your choice to consent to such emails or to opt out of such emails in future does not impact your chances of winning.
WINNERS LIST: For a winners list, send a self-addressed stamped envelope to: RallyUp.com, Inc., c/o Winners List, 7650 E. Broadway Blvd, Suite 203, Tucson, AZ 85710 no later than 30 days after the end date of the Campaign and include the name of the Campaign.
SPONSOR: The Sponsor of each Sweepstakes is listed on the specific Campaign Page.