Official Rules

1. Overview: The 2024 NIADA Self-Audit Test Drive Sweepstakes (“Sweepstakes”) are organized by NextGear Capital, Inc. (“Sponsor”). NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. THIS PROMOTION IS OPEN ONLY TO LEGAL U.S. RESIDENTS. VOID WHERE PROHIBITED.

2. Sweepstakes Eligibility:  Entrants must complete the self-audit test drive at NIADA Convention & Expo 2024 and must be residents of the 50 United States, the District of Columbia, or Puerto Rico and must be age 18 or older at time of entry. Employees of Sponsor, Cox Automotive, Inc., Cox Enterprises, Inc. and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. By entering a Sweepstakes Drawing (defined below), all entrants agree to be bound by the rules and decisions of Sponsor on all matters relating to the Sweepstakes, which are final and binding. It is the sole responsibility of each entrant to review, understand and comply with their employer’s gift and/or ethics policies regarding their eligibility to participate in promotions. Sponsor disclaims any and all liability or responsibility for disputes arising between an employee and their employer related to these Sweepstakes.

3. How to Participate: The Sweepstakes will begin on June 18, 2024 and will end at 2:29 p.m. (PDT) on June 20, 2024 (“Sweepstakes Period”). On June 18, 2024, Sweepstakes Entries will be accepted from 7:00 a.m. (PDT) and will close at 7:59 p.m. (PDT). All Sweepstakes Entries submitted on June 18 will be included in the Sweepstakes Drawing that same day at 8:00 p.m. (PDT). June 18 Sweepstakes Entries only are eligible for the June 18 Sweepstakes Drawing. On June 19, 2024, Sweepstakes Entries will be accepted from 7:00 a.m. (PDT) to 7:59 p.m. (PDT). All Sweepstakes Entries submitted on June 19 will be included in the Sweepstakes Drawing that same day at 8:00 p.m. (PDT). June 19 Sweepstakes Entries only are eligible for the June 19 Sweepstakes Drawing. June 19 Sweepstakes Entries only are eligible for the June 19 Sweepstakes Drawing. On June 20, 2024, Sweepstakes Entries will be accepted from 7:00 a.m. (PDT) to 2:29 p.m. (PDT). All Sweepstakes Entries submitted on June 20 will be included in the Sweepstakes Drawing that same day at 2:30 p.m. (PDT). Only one Sweepstakes Drawing will occur on each of the three days, with each drawing including only Sweepstakes Entries submitted that same day. Winners will be announced onsite at the time of the live drawing and also will be contacted by text and email.

Each individual attending NIADA may visit Sponsor at booth #430 in the Wynn Las Vegas rotunda to participate in the self-audit test drive. Following the completion of the self-audit test drive, the individual will receive a sweepstakes entry form for the individual to complete and deposit into the Sweepstakes Drawing container in the Wynn Las Vegas rotunda at the NIADA convention prior to the Sweepstakes Drawing(s). No automated submissions are permitted. To be a valid Sweepstakes Entry, the participating individual must fully complete the Sweepstakes Entry form provided by Sponsor during the Sweepstakes Period and must deposit that completed Sweepstakes Entry form into the Sweepstakes Drawing container in the Rotunda at the NIADA facility prior to the Sweepstakes Drawing(s). The use of multiple identities is prohibited. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled or illegible entries will be disqualified. Sponsor will resolve all questions and/or disputes in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes. Limit of one (1) Sweepstakes Entry per person.

4. Sweepstakes Drawings and Winner Announcements: At the time of each of the three Sweepstakes Drawings, Sponsor will shake the container of Sweepstakes Entry forms collected and will randomly select one (1) Sweepstakes Entry (each a “Sweepstakes Drawing”). Sponsor will announce the winner orally at time of drawing at booth #430 in the Wynn Las Vegas rotunda, and also will text and/or email the selected winner at the contact information provided on the Sweepstakes Entry. Each winner must claim the Prize in person and on site at the NIADA convention no later than 11:59 p.m. (PDT) on June 20, 2024. In the event the person identified on a selected Sweepstakes Entry does not claim a Prize, Sponsor reserves the right to randomly select an alternate winner.

5. Prizes; Odds of Winning: A total of three (3) PlayStation 5 video game consoles will be awarded as “Prizes” under these Sweepstakes. Each Prize has a value of $475 (U.S. Dollars), and the total approximate value of all Prizes is $1,425 (U.S. Dollars).

No prize substitution or transfer is permitted, except that Sponsor reserves the right to substitute a Prize of equal or greater value for any reason. All applicable taxes and any other incidental expenses on Prizes are the sole responsibility of each winner. All entrants acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to any Prize, including, but not limited to, its quality or fitness for a particular purpose. By accepting a Prize, winner agrees, where imposing such a condition is legal, that Sponsor and its designees shall have the right, but not the obligation, to use the winner’s name, city and state of residence and/or likeness for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without further compensation, permission or notification and, upon request, will confirm consent to such use in writing. Odds of being selected as a Sweepstakes winner will depend on the number of Sweepstakes Entries in each respective Sweepstakes Drawing.

6. Privacy: Each entrant is voluntarily providing its respective entry information to Sponsor. Except as otherwise contemplated in these Official Rules, information provided by entrant for the Sweepstakes Drawing is subject to Sponsor’s privacy statement. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor. By entering, entrant releases Sponsor from any and all liability and responsibility in connection with entrant’s entry and participation in the Sweepstakes.

7. Limitations on Liability.  By entering the Sweepstakes Drawing, each entrant agrees to indemnify, defend, release, discharge and hold harmless Sponsor, Cox Automotive, Inc., Cox Enterprises, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/sweepstakes agencies, and prize suppliers and each such company’s officers, directors, employees, agents, representatives, and successors and assigns (collectively, the “Released Parties”) from and against all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with: (i) the receipt, ownership, possession, use, or misuse of any Prize; (ii) entrant’s participation in the Sweepstakes and/or any Sweepstakes related activity, including, without limitation, claims for breach of contract, defamation, common law or statutory misappropriation; and (iii) any activity that is related to the Sweepstakes or any Prize.

8. General; Governing Law; Jury Waiver: Entrant acknowledges and agrees that Sponsor is not responsible for technical, hardware or software failures, or other errors or problems which may occur in connection with the Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the announcement of the winners and Prizes, any Sweepstakes-related materials, or that may limit Prize fulfillment or a dealer’s ability to enter the Sweepstakes. Entrant acknowledges and agrees that Sponsor is not responsible for lost, late, inaccurate, incomplete, illegible, or misdirected Sweepstakes Entries. All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to these Sweepstakes, a Sweepstakes Drawing, the meaning or interpretation of these Official Rules or any Prize awarded shall be resolved by applying the laws of Indiana, without regard to conflict of law provisions therein, and shall be solely and exclusively brought in the state or federal courts within Indiana. All Claims shall be resolved individually, without resort to any form of class action and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and, by entering, entrant waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased. ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY, AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS. Entrants agree that any cause of action arising out of, relating to, or in any way connected with any of the Released Parties or any part of the Sweepstakes must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.  Entrants further agree that the Released Parties’ total liability to any entrant for claims arising from or related to these Sweepstakes is limited to $475 (U.S. Dollars).  Sponsor reserves the right to permanently disqualify from the Sweepstakes any entrant it believes has intentionally violated these Official Rules. Sponsor reserves the right to cancel or modify the Sweepstakes and/or any Sweepstakes Drawing(s) for any reason, including but not limited to if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor in its sole discretion. To obtain a list of Prize winners or contact Sponsor, see the address stated in Section 9 of these Official Rules. All decisions of Sponsor are final and binding as to all aspects of these Sweepstakes.

9. Sponsor: Sponsor is, and may be contacted at: NextGear Capital, Inc., 11799 North College Avenue, Carmel, Indiana 46032