1. Overview: The Manheim Texas Hobby Exotic Car Driving Experience Sweepstakes (“Sweepstakes”) is organized by NextGear Capital, Inc. (“Sponsor”). NO PURCHASE NECESSARY TO ENTER OR WIN. A 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 Entry Details: Subject to the additional restrictions below, the Sweepstakes are only open to dealerships that: (i) have a valid individual AuctionACCESS membership number as of March 15, 2018; (ii) are not excluded dealerships as described below; (iii) are in good standing with Manheim Remarketing, Inc. (“Manheim”) and, if applicable, Sponsor as of March 15, 2018; and (iv) are located in the fifty (50) United States, the District of Columbia, and Puerto Rico (each, an “Eligible Dealership”). Eligible Dealerships may only enter this Sweepstakes through its representatives who: (i) are eighteen (18) years of age or older at the time of entry; (ii) have a valid individual AuctionACCESS individual identification number as of March 15, 2018; and (iii) own or are employed by an automobile dealership in good standing with Manheim throughout the Sweepstakes Period that has a valid AuctionACCESS dealership number (an “Eligible Buyer”). Employees of Sponsor, Manheim, 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.
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 AND ELIGIBLE SALE, PURCHASE OR ENTRY ON BEHALF OF THE ELIGIBLE DEALERSHIP.
3. How to Participate: The Sweepstakes will begin on March 15, 2018 at 12:01 a.m. ET and end on March 15, 2018 at 11:59 p.m. ET (“Sweepstakes Period”). Please visit Manheim Texas Hobby for applicable sale times. Sponsor will be the official timekeeper for the Sweepstakes.
There are multiple ways to enter the Sweepstakes. Limit one (1) entry per Eligible Dealership. Entrants may enter this Sweepstakes for the Prize drawing during the Sweepstakes Period in the following multiple ways:
Purchase Method of Entry: Eligible Buyers may enter the Sweepstakes by purchasing any vehicle from Manheim on-site at Manheim Texas Hobby or via Simulcast and flooring the purchased vehicle with Sponsor during the Sweepstakes Period (“Eligible Purchase”). Any purchases that do not meet all the criterial listed herein will not be counted as an Eligible Purchase. Subject to verification of eligibility and compliance with these official rules, each Eligible Purchase will count as one (1) eligible entry.
Free Method of Entry: Eligible Buyers may enter the Sweepstakes without making a purchase. To do so, complete all required information on the official Sweepstakes entry form (including name, email address, telephone number, and Eligible Dealership information), which will be provided by Sponsor on-site and deposit the official Sweepstakes entry form in the designated entry box or container during the Sweepstakes Period. Subject to verification of eligibility and compliance with these official rules, each completed Sweepstakes entry form will count as one (1) eligible entry.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries or prizes will void that entrant’s entries and may result in entrant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled or illegible entries will be disqualified. In the event of a dispute, Sponsor will determine who submitted the disputed entry in its sole discretion.
All entries 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.
4. Sweepstakes Drawing: On or about March 16, 2018, each valid Sweepstakes entry will be assigned a number by Sponsor. Then, Sponsor will use an online number generator to randomly select one (1) distinct number. That randomly selected number then will be used to identify the corresponding valid Sweepstakes entry from the total pool of valid Sweepstakes entries. The random selection will be made by Sponsor. Odds of winning depend on the number of eligible entries received. The randomly-selected and eligible winner will receive the one Sweepstakes Prize (defined below) being awarded.
5. Winner Announcements: The one (1) Sweepstakes winner shall be notified by telephone or by email at the close of the respective drawing. The potential prize winner will need to claim the Sweepstakes Prize via telephone or email to the NextGear Capital employee notifying them they won the drawing no later than 12:00 p.m. (local time). 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 Sweepstakes winner on Sponsor’s website.
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 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 Sweepstakes.
7. Prizes; Odds of Winning: A total of one (1) ticket for a Xtreme Xperience Italian Legends driving experience of 3 laps around MSR Houston on March 24, 2018 at 8 a.m. local time at MSR Houston will be awarded as the Sweepstakes prize (“Prize”). More information regarding Xtreme Xperience can be found at www.thextremexperience.com/tracks/msr-houston/. The prize is valued at Three Hundred Fifty Dollars ($350). Only one Prize will be awarded. An Eligible Dealership may be eligible for no more than one driving experience Prize. The Eligible Dealership that wins the Prize from the March 15 Sweepstakes will not be eligible to win prize in the March 23, 2018 sweepstakes. 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 (including but not limited to Manheim) 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.
8. Limitations of Liability. By entering the Sweepstakes, each entrant agrees to indemnify, defend, release, discharge and hold harmless Sponsor, Manheim, Cox Media Group, Inc., Cox Enterprises, Inc., Cox Automotive, 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 quality, 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 travel or activity that is related to the Sweepstakes or any Prize.
9. 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 winner and Prize, 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 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 $350 (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 Sweepstakes as determined by Sponsor in its sole discretion. In the event of termination, a notice will be posted online and/or at Manheim Texas Hobby and all valid Sweepstakes entries eligible to win a Prize prior to termination will be eligible to win a Prize. To obtain a list of Prize winner(s) or contact Sponsor, see the address stated in Section 10 of these Official Rules. All decisions of Sponsor are final and binding as to all aspects of this Sweepstakes.
10. Sponsor: Sponsor is, and may be contacted at: NextGear Capital, Inc., 11799 North College Avenue, Carmel, Indiana 46032.