2013 OFFICIAL PROGRAM RULES AND REGULATIONS
THIS PROGRAM IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (BUT EXCLUDING RESIDENTS OF QUEBEC). VOID WHERE PROHIBITED. ALL FEDERAL, STATE, PROVINCE AND LOCAL LAWS AND REGULATIONS APPLY.
No purchase or donation is necessary to enter, vote or win.
1. DESCRIPTION: The “National Mobility Awareness” Program (the “Program“) allows people with disabilities, caregivers, or a person in need of a wheelchair accessible vehicle the opportunity to submit an online application to be selected as an entrant in accordance with the Rules and Regulations, to win a wheelchair accessible vehicle. Sponsor is responsible for conducting this Program and Sponsor’s decisions on all matters relating to this Program are final.
2. PRIZE: (1) Wheelchair accessible vehicle – $40,000 approximate value
3. SPONSORS AND ADMINISTRATOR: National Mobility Equipment Dealers Association (NMEDA) 3327 W. Bearss Ave., Tampa, FL 33618
4. REQUIREMENTS: All work must be original and be free of any third party copyrighted material. Submissions cannot contain any profanity, offensive language, nudity, commercial appeals or other objectionable or irrelevant content, the determination of which is solely in the discretion of NMEDA. No entry or its content may violate privacy, publicity or other rights of any person, firm or entity, may not in any other way violate applicable laws and regulations, and may not contain any copyrighted works, or constitute trademark or patent infringement (other than as owned by the Entrant), in each case, as determined by the Sponsors in their sole discretion. The Sponsors retain the ultimate decision, in their sole discretion, as to which Entrants are eligible. Except where prohibited by law, upon submitting any Entry, the Entrant grants the Sponsors and its agents the unconditional, unlimited, irrevocable, perpetual, royalty-free, non-exclusive, transferable right and license to use, publish and copyright their name, voice, photograph, video images, likeness, and biographical data as set forth in the Entry, in whole or in part, in any and all media now known or hereafter developed throughout the world in perpetuity. Entrants that do not include all required information or that fail to adhere to the Official Program Rules and Regulations will be considered void and will not be eligible for consideration in this Program.
In the United States, the rules governing contests with prizes are set up by each individual state or province (excluding Quebec), not by the federal government. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. By entering the Program, Entrant agrees to be bound by these Official Program Rules and Regulations and the decisions of the Sponsor (as defined below) and/or judges, which decisions are final and binding in all respects. Employees, officers, managers and directors of NMEDA, its subsidiaries, and affiliated companies, advertising and promotion agencies, web masters and web suppliers (the foregoing are referred to collectively as the “Sponsor”), their respective immediate family members (parents, spouse, children or siblings, wherever they reside) and persons living in their household (whether or not related) are not eligible. Chrysler Group LLC employees and their relatives are not eligible. No entries other than those submitted in compliance with these Official Program Rules and Regulations will be accepted.
The Sponsors reserve the right to cancel or reject any entries for any reason or for no reason. Examples of reasons why the Sponsors may reject entries include, but are not limited to, any entry which Sponsors deem (in its sole discretion) to be inappropriate for publication; any part of any entry, which Sponsors deem (in its sole discretion) not desirous for association with the Sponsors; and any failure to submit a required Third Party Consent Form.
By submitting an Entry or application, Entrant agrees to these Official Program Rules and Regulations and further agrees not to sue or assert any claim against any Sponsors in connection with the Program or any use of Program materials; provided, that if applicable law prohibits such a covenant, release or waiver of claims, Entrant hereby waives the right to seek or accept damages in any proceeding and to reimburse the Sponsors for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).
This Program is governed by the laws of the State of Florida, with venue in Hillsborough County, Florida, and all claims must be resolved in the federal or state courts located in Hillsborough County, Florida. Except where prohibited, by participating in the Program, Entrant (and if entry is submitted on behalf of a third party, such third party) agrees that: By entering and/or participating in this Program signifies Entrant’s or third party’s knowledge of and agreement to be bound by the most current version of these Official Program Rules and Regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Program Rules and Regulations, or the rights and obligations of Entrant or third party, shall be governed by and construed exclusively in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law in any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Program shall be filed only in the state or federal courts located in Hillsborough County in the State of Florida and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
The Sponsors may, in their sole discretion, remove, delete and/or disqualify any entries or any Entrant deemed to be inappropriate, ineligible or otherwise non-compliant.
Regarding the Entry and application, the respective Entrant represents and warrants that (a) the application is truthful and accurate in all respects, (b) the Entry and application do not violate any law, regulation or any right of any third party, including but not limited to rights of copyright, trademark, patent, publicity or privacy or portrayal in false light, and does not contain material which is defamatory, slanderous, threatening, inflammatory, or libelous, and (c) he or she has obtained all of the rights, licenses and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry and for any material or elements that are not owned by the Entrant, and/or which are subject to rights or third parties prior to the submission of the Entry, and (d) each Entrant understands that his/her Entry and application must comply with all of these conditions in all respects.
Except where prohibited by law, by submitting the Entry and application each Entrant grants permission to post his/her name, and the Entry/application on the website for purposes of the Program and further grants to the Sponsors the unconditional, unlimited, irrevocable, perpetual, royalty-free, non-exclusive, transferable right to publish, display, broadcast, reproduce, use, sublicense (through multiple tiers), adapt, edit and/or modify, and create derivative works from, any such Program materials and Entrant’s name, in any way, in any and all media whether now or hereafter known, without limitation and for any purpose (including commercial purposes, advertising, publicity, fundraising, promotion and sales), and without consideration to the Entrant and without further consent, compensation or approval, whether or not such Program materials are selected as a winning entry, along with the right of attribution. Each Entrant warrants and represents that he/she has obtained in writing all rights, approvals, releases and/or consents necessary to submit the Program Entry and application, and grant the stated permission to post the Entry and application (for example, the rights of publicity of persons other than the Entrant). If an Entry is submitted on behalf of someone other than Entrant, to be eligible, upon request of Sponsor within the time specified in the request, such third party must agree, in writing, to the use of his or her name, likeness, and/or biographical data for purposes of advertising, publicity, fundraising, promotion and sales by Sponsor without further consent, compensation or approval. Entries are not guaranteed to appear in any communication of Sponsor and Sponsor shall not incur any liability to the extent Sponsor chooses to refrain from using such information or Entry.
Sponsor reserves the right to cancel, modify, or suspend the Program in its sole discretion. Sponsor’s failure to enforce any term of these Official Program Rules and Regulations shall not constitute a waiver of that term.
5. ENTRY PROCESS: Entries may be submitted for the entrant themself or a third party on www.MobilityAwarenessMonth.com, beginning on Monday, February 25, 2013 and run for a total of sixty-eight (68) days concluding on Friday, May 03, 2013. If an entry is submitted on behalf of a third party, a signed Third Party Consent Form must be returned with the Entry.
6. VOTING PROCESS: Upon confirmation of eligibility, entries will be posted on the Program website and progress to the “Voting Period” beginning Monday, March 11, 2013 and run for a total of fifty-one (51) days concluding on Friday, May 10, 2013. Every IP Address will be allowed to vote once in a 24-hour period.
7. WINNER SELECTION PROCESS AND ODDS: The Winner will be selected in the sole discretion of the National Mobility Equipment Dealers Association (NMEDA). For phase one of the Program, the Local Hero has to qualify in the top five percent of entries that received the most votes at the conclusion of the Voting Period. During phase two of the selection process, the top 5% vote earners will be reviewed by an independent panel of judges that are in the mobility specialty field. Winners will be selected based on the following criteria:
- That the entry story reflects the spirit of National Mobility Awareness Month to highlight positive and uplifting aspects of how the entrant is making the most out of their life with a disability
- That the application is truthful and accurate in all respects
- That the need for a wheelchair accessible or adaptive vehicle exists
- That the vehicles being offered as prizes meet the needs of the potential winners
- That the Entry and application complies with and meets all Program Rules and Regulations.
- Potential Winner will be notified by phone on or about May 31, 2013. Odds of winning depend upon the number of eligible entries received. Potential winners are subject to verification. Winner must be available to travel to and appear on a U.S. National television show to receive the vehicle – dates not yet determined. In the event that a potential winner is disqualified for any reason, prize will be forfeited. Sponsor reserves the right to award the prize to an alternate entrant. NMEDA is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- Sponsor may require winner to sign an affidavit or eligibility and liability/publicity release (If U.S. resident) or a Declaration of Compliance (if a Canadian resident).
8. ELIGIBILITY: The “National Mobility Awareness” Program is open to natural persons who are 18 years of age or older and are permanent, legal residents of United States or Canada (excluding Quebec), and have Internet access. Entrants or Winner who is not the legal age of majority in their state or province of residence (e.g., under 19 years of age in Alabama and Nebraska, under 21 years of age in Mississippi, or under 18 years of age in any other state or province) must submit a completed Parental Consent Form that is signed by the Entrant’s or Winner’s parent or legal guardian. Entries submitted by minors without a fully completed parental consent form will be disqualified. The Winner or legal guardian of the winner must present proof of insurance, and a fully completed parental consent form if not the legal age of majority in their state or province, to take delivery of vehicle; failure to show same may result in prize forfeiture and selection of an alternate winner. The individual taking possession of the vehicle must present a valid U.S. or Canadian driver’s license if the vehicle will be driven. As a condition to receiving the Prize, Winner may be required to complete, execute and return, an affidavit of eligibility, a Declaration of Compliance (if a Canadian resident) a liability release and, where lawful, publicity release within fourteen (14) days of receipt of the documents. Return of the documents or prize as non-deliverable, failure to return the documents timely, or if any Winner is found to be ineligible or not in compliance with these Official Program Rules and Regulations may result in disqualification and awarding of the Prize to an alternate Winner. By accepting the Prize, where permitted by law, the Winner grants to Sponsors (which grant will be confirmed in writing upon request of the Sponsors), and those acting pursuant to Sponsors’ direction or control, the right to print, publish, display, distribute, reproduce, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web and Internet, at any time or times, the Winner’s full name, portrait, picture, voice, likeness and biographical information and Program materials and other text or graphics provided in connection with the Program as news or information and/or for advertising, trade and promotional purposes without additional consideration, and without review, approval or notification. Winner will be responsible for all title, license, insurance and registration fees required in claiming the Vehicle, customs and duty fees, applicable sales tax, if any, as well as all other expenses relating to the receipt and use of Prize vehicle, including any travel and transportation costs associated with collecting the vehicle. All other costs not specifically stated herein as being awarded are the responsibility of the Winner. Winner will be provided instructions to obtain his/her Prize vehicle. The Prize is awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Once the Winner has been selected and notified, the Winner shall not be entitled to transfer or sell the Prize to any other third party, even in the event that such third party would otherwise have been entitled to enter the Program. Should a winner sell or attempt to sell its Prize, the winner will be disqualified and Sponsor may select a new winner. All expenses not specified herein, including, without limitation, all federal, state and local income taxes, custom and duty fees are the sole responsibility of the winner. Entrants agree to these Official Rules, which are final and binding in all respects. The determination of eligibility will be at the sole discretion of NMEDA.
9. ONLINE TERMS: Administrator assumes no responsibility for incomplete entries, which will be deemed void. Administrator is not responsible for any technical, computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections, or availability, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, corrupted, garbled, jumbled, lost, stolen, misdirected, non-delivered or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with, or utilized in, this Program, or by any human error which may occur in the transmission or processing of the registrations in this Program. Sponsor assumes no responsibility for service provider/internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, Entry or other information, or the failure to capture any such Entry or information. Administrator assumes no responsibility for damage caused by computer virus or otherwise, to any computer resulting from entrant’s access of the Program website or participation in the Program. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Program and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. Sponsor is not liable for unauthorized human intervention in any part of the entry process or the Program; printing, typographical, technical, computer, network or human error which may occur in the administration of the Program; the uploading, the processing or judging of entries or votes or the tabulating of votes, the announcement of the Prize or in any Program-related materials; late, lost, misdirected, undeliverable, damaged or stolen mail; or receipt or use or misuse of Prize awarded; or any typographical or other error in the printing of these Official Program Rules and Regulations or any materials associated with the administration of the Program or the announcement of the Prize. Sponsor is not responsible for any unauthorized third party use of any Entry. All Internet access and usage charges are the responsibility of the entrant. If for any reason this online Program is not capable of running as planned, including, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, acts of God, or any other causes beyond the control of Administrator, or any other causes which the Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Program and, if terminated, award prize from among all eligible entries received as of the date of termination or as otherwise may be deemed fair and equitable by the Sponsor. Persons found tampering with, or abusing any aspect of, this Program or entry or voting process, or whom Administrator believes, in its sole discretion, to be causing malfunction, error, disruption or damage, or acting with intent to annoy, abuse, threaten or harass any other person, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry or registration methods or voting methods will void all such entries by such methods, and disqualify any Entrant using such methods. Sponsor is not responsible for, and hereby disclaims, any injury or damage to any Entrant’s or any other person’s computer or phone related to or resulting from participating in this Program or downloading materials from or use of the website. Entrants must have a valid email address.
In the event of a dispute, an Entry or vote will be declared as submitted by the authorized account holder of the email address used to submit the Entry as solely determined by Sponsor. Authorized account holder is defined as the natural person who is assigned to the email address by the Internet access online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
10. RELEASE: By participating as an entrant or a voter, you give permission that your email and contact information can be used for Mobility Awareness Month contest updates and by NMEDA and NMEDA members for future promotions. By participating, entrants agree to abide by and be bound by the official rules and regulations and the decisions of the Sponsor. Except where prohibited by law, acceptance of any prize constitutes permission to use winner’s name, photograph, likeness, biographical information and/or statements for advertising or promotion on behalf of Sponsor in all media worldwide without limitation, notice or further compensation, as well as the right to photograph and take video of the vehicle for 365 days from award, in the Sponsor’s sole discretion, except where such requirement is prohibited by law. By participation in the Program and acceptance of any prize, entrants and Winner agrees to release and hold harmless Sponsor, its dealers, affiliated companies and subsidiaries, advertising and promotional agencies and any and all other companies associated with this Program, including but not limited to Sponsor, and their respective officers, directors and employees, from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever (including without limitation actual attorneys’ fees and related costs) including without limitation, property damage, personal injury and/or death, which may occur directly or indirectly in connection with, preparation for, travel to, or participation in Program, or possession, acceptance and/or use or misuse of prize or participation in any Program-related activity or in the Program itself, and any travel related thereto, the negligence, intentional misconduct or illegal actions of Entrant, as well as any actions or omissions of Entrant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property), any use of such Entrant’s Program materials by the Sponsor, or exercise of any other rights granted to the Sponsors by such Entrant, including such rights granted pursuant to these Official Program Rules and Regulations, any claim that the Entry, application or other Program materials supplied by Entrant infringes upon the rights of any third party, the actual or alleged breach of any representation or warranty made by Entrant, including those contained in these Official Program Rules and Regulations, and for any claims based on publicity rights, defamation or invasion of privacy. By participating, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action and without use of a jury (Entrant hereby waives any right to a jury trial); (ii) any and all claims, judgments and awards shall be limited to, and the maximum aggregate liability of the Sponsors to any Entrant or third party shall be limited to, the lesser of Entrant’s actual out-of-pocket costs incurred, including costs associated with entering this Program in accordance with the Official Program Rules and Regulations but in no event attorneys’ fees, and Five Hundred Dollars ($500); and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and/or 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.
IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY ACCESS TO OR USE OF THE WEBSITE OR THE DOWLOADING FROM, UPLOADING TO, AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS-IS, WHERE-IS, WITH ALL FAULTS”; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WITH NO GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW OR MAY LIMIT THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. WINNER CONDITIONS: Sponsor reserves the right to substitute a prize with another prize in the event the offered prize is unavailable. Prizes are not transferable and may not be redeemed or exchanged for cash or other alternative goods or services unless the Winner has purchased a vehicle during the Contest Period (February 25 through May 25, 2013 or whenever the Winner is notified). If Winner can satisfactorily demonstrate that he or she purchased a vehicle during the Contest Period, the Sponsor reserves the right to substitute a cash award in an amount, to be determined in of its sole discretion, not to exceed $40,000.00. Award of the prize will be made upon written acknowledgement of, and full compliance with, the requirements listed herein. Winner must satisfy all eligibility requirements before he or she may be awarded any prize. Winner is responsible for all applicable federal, state and local taxes, custom and duty fees, registrations, and other fees and assessments, including any required insurance. Winner will receive an IRS Form 1099. An unclaimed prize will not be awarded. The potential winner will have two (2) days after being notified via email to respond or forfeit the Prize. If a potential winner cannot be contacted within a reasonable time period, fails to respond to the email notification within the required time period or is not in compliance with these Official Program Rules and Regulations, or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.
ANY ATTEMPT BY AN ENTRANT OR OTHER PERSON TO DAMAGE ANY WEBSITE ASSOCIATED WITH THE SPONSOR OR ITS AGENTS OR UNDERMING THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Winning names will be posted on the website within two weeks after Prize is awarded and accepted.
Program void where prohibited or restricted by law.