BRAUNABILITY FAN VAN GIVEAWAY CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Contest (“Contest”) may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the United States.
1. Dates. Contest begins at 12:01 am Eastern Time March 18, 2009, and ends at 11:59 pm Eastern Time on September 1, 2009 (“Promotion Period”).
2. Sponsor: The Braun Corporation, 631 West 11th Street, Winamac, Indiana.
3. Eligibility and How to Enter. To enter the “BraunAbility Fan Van Giveaway Contest” you must be a legal resident of one of the 50 United States or the District of Columbia. You must be at least 13 years of age at time of entry and hold a valid driver’s license if you are of legal driving age (parent or guardian of minor must also sign entry and be the holder of valid driver’s license). You must visit BraunAbility’s (“Sponsor”) web site at http://www.fanvangiveaway.com (“Site”) during the Promotion Period, completely fill out the online entry form and enter online. In addition, you must provide an essay of 250 words or less describing why you deserve to win the Contest. Your essay must answer the question “How will the Ultimate Fan Van make a difference in my life?” Entrant must require the use of a wheelchair for daily activities. Limit only one (1) entry per entrant or e-mail address. Additional entries will be disqualified. All entries must be received by Sponsor within the Promotion Period.
The essay must be the original work of the person who enters. All entry information and the essay are collectively referred to herein as the “Entry.”
Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that does not comply with these Official Rules, contains third party content or is inappropriate for any reason and without limitation. All federal, state and/or local rules and regulations apply.
By entering, each entrant (or if entrant is a minor, entrant’s parent or guardian) warrants and represents the following with respect to entrant’s Entry: (a) entrant is the sole and exclusive owner and author of the Entry and is authorized to grant Sponsor the right and permission to use the Entry for all promotion, marketing and public relations purposes; (b) the Entry is entrant’s own creation and is 100% original and entrant owns all rights in and to the Entry, including copyright; (c) the Entry has not been previously submitted elsewhere for any purpose; (d) the Entry will not infringe on or conflict with the rights of any third parties; and (e) the Entry will not subject Sponsor to regulatory or legal action, violate any law or subject Sponsor to liability for any reason. Entries in violation of these warranties and representations or which are deemed offensive by Sponsor will be disqualified. By entering, all entrants acknowledge and agree that their respective Entries may be posted on Sponsor’s Site or otherwise published at Sponsor’s sole and absolute discretion in any media and/or may be featured in Sponsor’s advertising and promotional materials, without further compensation, and grant his/her permission to have the Entry posted on the Site or otherwise published or used by Sponsor. The Winner’s name, hometown, statements and likeness may also be published at www.fanvangiveaway.com or in any other media for any purpose.
All entrants must have a valid e-mail address, which will be used to notify the Winner. No automated entry devices and/or programs permitted. All Entries become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, unopenable, unviewable, stolen, incomplete, invalid, unintelligible, misdirected, corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Only fully completed entry forms with essay are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of Sponsor and the judges, which will be final and binding in all matters relating to the Contest. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, advertising and promotional agencies, judging companies, manufacturers or distributors of Contest materials and prizes (including Toyota Motor Sales, USA, Inc., Great Clips, Permobil, Sirius XM and The Coleman Company, Inc.) and their immediate families (parents, children, siblings, spouse) or individuals domiciled in the same household (whether related or not) of such persons are not eligible to enter.
4. Judging/Judging Criteria. The field of entries will be reduced by Sponsor and will be judged under the supervision of Sponsor, by a panel of representatives from BraunAbility, Toyota, Great Clips and Braun Racing. Judges will score the Entries based on the following equal-weight criteria: (a) the compelling nature of the response (75%) and (b) the creativity of the response (25%). All decisions of the judges are final. In the event of a tie, the Winner shall be the tied entrant with the highest creativity score. Odds of winning depend on the number of entries.
The winning Entry and a runner-up Entry will be selected on or about September 16, 2009, and the Grand Prize Winner will be notified by e-mail on or about September 18, 2009. Sponsor will arrange with Winner for Winner to be present to receive the Grand Prize on October 16, 2009, at the Dollar General 300 Race at Lowe’s Speedway in Concord, NC (“the Event”). Winner must fully cooperate with Sponsor to attend the Event. Winner subject to verification of qualifications and compliance with these Official Rules.
5. Prize. Grand Prize: One (1) 2009 Toyota Sienna with the BraunAbility Rampvan wheelchair accessible conversion, customized with red and black paint scheme, racing-style decals similar to Braun Racing’s No. 38 Great Clips Toyota Camry, and other customer features as described on the Site. Approximate Retail Value (ARV) $77,590. Also included in Grand Prize are: One (1) Permobil wheelchair (ARV $39,000); one (1) Sirius XM satellite radio with one (1) year of service, ARV $605; one (1) Coleman RoadTrip Grill, ARV $199.99; one (1) Coleman cooler, ARV $51.99; one Coleman cordless blender, ARV $69.99; two (2) Coleman canvas chairs, ARV each $19.99; round-trip air fare for two from closest airport to Winner’s residence and ground transportation to Lowe’s Motor Speedway for Dollar General 300 Race on October 16, 2009 and two nights stay at accommodation of Sponsor’s choice and meals (ARV $2,000, subject to availability and price fluctuations in air fares and hotel rates).
Grand Prize will be awarded “as is.” The 2009 Toyota Sienna is titled to and pre-owned by Sponsor, will have been displayed at various car racing events prior to award to the Winner and may be considered “used” when being titled in the Winner’s name in his/her jurisdiction of residence. Any additional conversions or requested changes are at Winner’s expense. The depiction of the Prize Vehicle in any advertising or promotional materials or physical display may not reflect the actual vehicle delivered to the winner.
Toyota Motor Sales, U.S.A., Inc. and its respective parents, subsidiaries and affiliated companies (the “Toyota Entities”) maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing service, products, or accommodations as a part of the prize provided under this Contest, since Toyota is merely an independent supplier of one of the Contest prizes and is not in any way related to the other suppliers. The Toyota Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those suppliers or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Toyota Entities, or (d) by any cause, condition, or event whatsoever beyond the control of the Toyota Entities.
The Toyota Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any prize granted under this Contest, even if caused by the negligence of the Toyota Entities, except that the terms of the Toyota Entities’ liability to the winners of the Prize Vehicle will be governed by the express written limited warranties set forth in the Prize Vehicle’s applicable Owner’s Guide.
Winner understands that Sponsor shall be the exclusive owner of the Entries, with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any matter, all or any portion thereof or of a reproduction thereof. In connection therewith, the Winner agrees that Sponsor and its assigns shall have the right, but not the obligation, to edit, to print, publish, broadcast and use the Entries, worldwide in any media now known or hereafter developed, including but not limited to on Sponsor’s products and/or advertising and promotional materials, based on Sponsor’s sole and absolute discretion. Entrants, to the extent necessary, irrevocably assign and transfer to Sponsor all rights in each essay, including, without limitation all copyrights, and will execute any documents necessary to effectuate such assignment and transfer.
Prizes are non-transferable. No substitutions or cash redemptions. In the case of the unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value, in Sponsor’s sole discretion. Any and all federal, state and local taxes, title, registration and license fees and unspecified expenses are the responsibility of Winner. The Grand Prize will be awarded.
6. Notification. The Grand Prize winner will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document or other confirmatory documentation, as determined by Sponsor, in its sole discretion, within seven (7) days of prize notification. If the Winner cannot be contacted within two (2) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if the Winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and will be awarded to the runner-up Entry. Upon prize forfeiture, no compensation will be given. Entrants (or parent/guardian of minor entrant) will be required to provide a Social Security number for tax purposes and Sponsor will issue a Form 1099 to Winner.
7. Conditions. Sponsor shall not be liable or responsible in the event a winning Entry is not used for any reason. Entry (including Essay) may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. By entering this Contest, each entrant hereby agrees to abide by these official rules and grants and agrees if necessary to grant to Sponsor and its and their respective parents, subsidiaries, affiliates and agents, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide right and license to reproduce, modify, create derivative works of, display, publicly perform, demonstrate, use and distribute (through multiple tiers of distributors) each Entry. Participation in this Contest and acceptance of prize constitutes each entrant’s and winner’s permission for Sponsor and Toyota to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry (including Essay), and/or any statements made by each winner regarding the Contest or Sponsor for advertising, publicity and/or promotional purposes in any media now or hereafter known throughout the world in perpetuity without notice or additional compensation to or further consent of the Winner, to the extent permitted by law. In addition, by entering, all entrants agree to the use of their respective Essay on the Site, without further compensation or permission. BY PARTICIPATING, ENTRANTS AND ALL WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, JUDGES AND PRIZE MANUFACTURERS AND DISTRIBUTORS AND THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way shall be disqualified. Sponsor makes no warranty, express or implied, relative to any prize, except for any limited warranty available to Winner from Sponsor, prize manufacturers or distributors. The Grand Prize Vehicle will be delivered solely with the express written limited warranties set forth in the Prize Vehicle’s applicable Owner’s Guide, which warranties shall run for the term set forth in said Guide.
8. Additional Terms. Any attempted form of entry other than as set forth in Section 3 above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Sponsor, its affiliates, and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, error or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or uploading or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminated, modify, extend or suspend this Contest should viruses, bugs, non-authorized human intervention, fraud, technical issues, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest or make the Contest not capable of completion as planned. In such case, Sponsor will post a notice at www.fanvangiveaway.com and Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair entry practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
9. Use of Data. Sponsor will be collecting personal data about entrants online. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information pursuant to Sponsor’s privacy policy.
10. Winner’s Name. To obtain the Winner’s name, send a self-addressed, stamped envelope after January 1, 2010 to: BraunAbility Fan Van Contest, 631 W. 11th Street, Winamac, Indiana 46996 or visit www.fanvangiveaway.com. Requests must be postmarked by January 31, 2010.