Official Rules – October 2022
- Overview: The Stockwave Survey 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.
- Sweepstakes Entry Details: Each contracted dealer of Sponsor that remains in good standing with Sponsor as of October 31, 2022 at 12:01 a.m. ET (“Commencement Date”), who is invited in writing by Sponsor to participate, will have the opportunity to complete a survey via SurveyMonkey© to provide information and feedback to Sponsor on Stockwave services and offerings (“Survey”). Upon completion of the Survey, and regardless of the substantive Survey responses given but provided dealer has entered the dealer identifying information requested on a separate screen following the completion of the Survey, dealer will be entered into the Sweepstakes (“Valid Sweepstakes Entry”). The Survey must be completed no later than 11:59 p.m. ET on December 15, 2022 (“Sweepstakes Closing Date”) to be a Valid Sweepstakes Entry. Any entries received after the Sweepstakes Closing Date will be deemed invalid and not eligible to win. These Official Rules supersede any prior versions of the Stockwave Survey Sweepstakes rules.
- Submissions: Eligible dealers will receive links to the Survey via the email address on file with Sponsor. Completed Surveys will be deemed submitted by the authorized account holder of the email address used to access the electronic Survey at time of completion. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Upon completing the Survey, the authorized account holder will be given the opportunity to enter certain identifying information to enter the Sweepstakes. If a dispute regarding the identity of the authorized account holder or the Sweepstakes entrant cannot be resolved in Sponsor’s sole discretion, the affected entry will be deemed ineligible. Limit of one (1) Survey and one (1) entry per email address per written invitation, regardless of whether more than one person uses the same email address.
All entries and Surveys become property of Sponsor and none will be returned. Any questions shall be determined by Sponsor 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.
It is your sole responsibility to review, understand and comply with your employer’s gift and/or ethics policies regarding your eligibility to participate in promotions. Sponsor disclaims any and all liability or responsibility for disputes arising between an employee and their employer related to this promotion.
ALL PRIZES WILL BE PROVIDED DIRECTLY TO THE ELIGIBLE DEALERSHIPS AND NOT TO THE INDIVIDUAL PERSON WHO MADE AN ELIGIBLE ENTRY ON BEHALF OF THE ELIGIBLE DEALERSHIP.
- Eligibility: This Sweepstakes is open only to eligible entrants that are residents of the 50 United States and the District of Columbia who are age 18 or older at time of entry. Each participating dealer must be a licensed dealer, who has contracted with Sponsor and is in good standing with Sponsor as of the Commencement Date and still in good standing with Sponsor at the time the respective prize is awarded. Void where prohibited or restricted by law. 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 this Sweepstakes, 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.
- Sweepstakes Drawings: Each Monday during the Promotion Period, beginning November 7, 2022, each Valid Sweepstakes Entry that has not won a Prize during the Promotion Period will be assigned a number by Sponsor. Then, Sponsor will use an online number generator to randomly select two (2) distinct numbers without duplicates each week. Those two (2) randomly selected numbers then will be used to identify the corresponding Valid Sweepstakes Entries from the total pool of remaining Valid Sweepstakes Entries. The final drawing will be the Monday following the Sweepstakes Closing Date. Each of the randomly-selected, eligible Sweepstakes winners shall win One Hundred Dollars ($100), and will obtain those funds in the form of a deposit in the eligible dealer’s Unapplied Funds account with Sponsor. A total of a maximum of fourteen (14) Sweepstakes Prizes (defined below) will be awarded.
- Winner Announcements: Each week, the two (2) Sweepstakes winners shall be notified by email on or before Tuesday following the respective drawing. The Prize will be fulfilled following Sponsor’s confirmation of winner’s eligibility. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF ENTRANT’S ELIGIBILITY. Sponsor reserves the right, in its sole discretion, to identify the fourteen (14) Sweepstakes winners on Sponsor’s website.
- 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 this Sweepstakes 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 Survey or Sweepstakes.
- Prizes; Odds of Winning: A total of a maximum of fourteen (14) $100 Sweepstakes prizes (“Prizes”) will be awarded. Total approximate value of all Prizes is $1,400. 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 Valid Sweepstakes Entries in each drawing.
- Limitations on Liability. By completing the Survey and entering the Sweepstakes, 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 Survey or 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.
- 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 Survey or 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. Entrant agrees that Survey comments it provides may be published, without further compensation, on Sponsor’s website pages and/or marketing materials, whether author of the comments is selected for a Sweepstakes Prize or not. Nothing in these Official Rules obligates Sponsor to publish or otherwise use any Survey results or comments. All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to the Survey or this Sweepstakes, 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 this Sweepstakes is limited to $100 (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 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 Survey or Sweepstakes as determined by Sponsor in its sole discretion. In the event of termination, a notice will be posted online and all Valid Sweepstakes Entries eligible that week (or partial week) to win a Prize prior to termination will be eligible to win a Prize. To obtain a list of Prize winners or contact Sponsor, see the address stated in Section 11 of these Official Rules. All decisions of Sponsor are final and binding as to all aspects of this Sweepstakes.
- Sponsor: Sponsor is, and may be contacted at: NextGear Capital, Inc., 11799 North College Avenue, Carmel, Indiana 46032