Porsche Scavenger Hunt (“Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Porsche Cars North America, Inc., 1 Porsche Drive, Atlanta, Georgia USA 30354 ("Sponsor").
This Sweepstakes is open to persons who are eighteen (18) years of age and older. Only U.S. residents are eligible to enter this Sweepstakes. Officers, and directors of Sponsor and its parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies, any other persons or entities involved in the development and/or administration of this Sweepstakes (collectively, “Sweepstakes Entities”) are not eligible to participate in this Sweepstakes. To enter this Sweepstakes and/or receive a prize, you must fully comply with these Official Rules and, by participating in this Sweepstakes, you agree to abide by and be bound by these Official Rules and the decisions of Sponsor and its designees, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
3. Sweepstakes Period
The Sweepstakes entry period begins at 12:00 p.m. ET Friday, October 9, 2020 and ends at 8:00 p.m. ET Tuesday, October 13, 2020 ("Sweepstakes Period"). Eastern Time shall control for all purposes of this Sweepstakes. Sponsor's clock shall be the official time-keeping device for all purposes of this Sweepstakes.
4. How to Enter/Participate
The Sweepstakes will consist of a scavenger hunt with three vehicles displayed at different sites in the city of Atlanta during the Sweepstakes Period (“Porsche Scavenger Hunt”). Clues for the Porsche Scavenger Hunt will be published on the Atlanta Pride Committee’s app, social media channels and newsletter, as well as on the Porsche Experience Center Atlanta’s website and Lost-n-Found Youth’s social media channels and website.
To participate, entrants must post a photo of themselves and a Porsche Scavenger Hunt vehicle on Instagram, Facebook or Twitter with the hashtag #PorschePride2020 and tag @porsche in the photo or caption.
Photos must not, as applicable and as determined in Sponsor’s sole and absolute discretion: (1) infringe upon any rights of any third party including, without limitation, copyright, trademark, and rights of publicity and/or privacy; (2) be or contain any content that is or may be perceived as violent, immoral, defamatory, derogatory, offensive, illegal, sexually suggestive, obscene, hate, terroristic, or similarly inappropriate, or that represents Contest Entities in a negative way or in any manner not consistent with their brand and/or reputation; (3) contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property; (4) suggest or imply to any person to undertake any dangerous, unsafe, or unduly risky activity; (5) contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image or intellectual property of any business or company without that entity’s prior written consent.
By submitting a photo, each entrant represents and warrants that the above requirements have been met. Failure to satisfy these requirements, as determined in Sponsor’s sole and absolute discretion, may result in ineligibility for a Prize.
Instagram, Facebook or Twitter is not administering or affiliated in any way with this Sweepstakes, Sponsor, or Sweepstakes Entities. The use of Instagram, Facebook or Twitter in connection with this Sweepstakes is not intended to create a sense of endorsement or sponsorship by, or other association with this Sweepstakes, Sponsor, or Sweepstakes Entities.
5. Entry Guidelines
LIMIT ONE ENTRY PER PERSON. Submission of multiple entries by or on behalf of the same person will result in ineligibility with respect to all entries submitted by or on behalf of that person. Entries must be submitted by the entrant and social media pages must be public. Once submitted, entries cannot be deleted, canceled, or modified. All entries must be received during the Sweepstakes Period, as defined above. Incomplete and/or incorrect entries will be voided and ineligible for a prize. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Normal Internet access, phone, and usage charges imposed by your Internet and/or phone service(s) may apply. All entries become the property of Sponsor when submitted and will not be acknowledged or returned to entrant.
Entries submitted in connection with this Sweepstakes will be reviewed to ensure compliance with these Official Rules. Sponsor and its designees shall have the sole right to reject or remove an entry at any time.
6. Representations and Warranties/Indemnification
Each person who enters this Sweepstakes represents and warrants that s/he will abide by and comply with these Official Rules. Each entrant further represents and warrants that the entry s/he submits does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks, or rights of privacy or publicity, and will not violate any federal, state, or local laws or ordinances. Each entrant hereby agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all third-party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of entrant hereunder.
Five (5) winners (individually “Winner” and collectively “Winners”) will be selected by a committee of three (“Committee”) from all eligible entries received. Each Winner will receive $500 gift certificate to the Porsche Experience Center Atlanta (valid only for drive experiences and/or simulators) (“Prize”). The Committee will award the Prize to its top 5 favorite photos selected from all eligible entries received. The Prize is non-refundable, non-transferable by sale and must be redeemed by December 31, 2021. To participate in a driving experience one must be twenty-one year’s of age or older with a valid driver’s license and will be required to sign Sponsor’s standard paperwork and liability waiver in connection with redemption of the Prize. Any winner that does not meet these requirements will only be able to participate in simulator experiences. Approximate Retail Value (“ARV”) of the Prize: $500. Prize may not be sold, auctioned, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash, merchandise, or services, except by Sponsor, in its sole and absolute discretion, who reserves the right to substitute Prize with a prize of comparable or greater value if Prize becomes unavailable.
Winner is solely responsible for all federal, state, and local taxes and other fees associated with Prize receipt, regardless of whether Prize is used in whole or in part. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may be issued an IRS Form 1099 for the retail value of the Prize and is advised to seek independent counsel regarding the tax implications of prize winnings. Winner may be required to sign an affidavit in connection with acceptance of the Prize at Sponsor’s sole discretion.
Odds of winning the Prize depend on the number of eligible entries received.
9. Selection of Winners
A winner will be selected in a drawing by Sponsor or its designees on or around October 21, 2020. Potential winners do not have to be present at the prize drawing to win.
10. Winner Notification/How to Claim Prizes
On or about October 21, 2020 Sponsor or its representatives will attempt to notify the potential winners. If any potential winner does not meet eligibility criteria or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted by October 27, 2020, that potential winner may be deemed, in Sponsor’s sole discretion, to have forfeited a Prize, and an alternate potential winner may be selected. Those who do not win will not be contacted.
Except where and as may be prohibited by law, participation in the Sweepstakes and acceptance of a prize constitutes express permission of each Winner for Sponsor and those acting pursuant to the authority of Sponsor to use such Winner’s entry, name, photograph, image, likeness, voice, opinions, city, state, and country of residence for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.
12. General Conditions
This Sweepstakes is subject to all applicable international, federal, state, and local laws and regulations. Sweepstakes Entities are not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error, which may occur in the processing of the Sweepstakes entries. Sweepstakes Entities are not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled, or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical, or electronic or for any damage to any person’s computer, phone, tablet, or other device related to participating in the Sweepstakes. By participating in this Sweepstakes, entrants waive any right to claim ambiguity in these Official Rules.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in their sole discretion, to modify, cancel, or suspend this Sweepstakes and award the Prizes in accordance with the winner selection process described above from among all eligible entries received as of such date should fraud, virus, bugs, or other causes beyond Sponsor’s control corrupt the administration, fairness, proper play or security of the Sweepstakes. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to disqualify any individual it or its designees find to be attempting to tamper with or undermine the entry process, any website or social media account or page associated with this Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt, use, or misuse of any prize.
13. Limitations of Liability
By participating in this Sweepstakes and/or accepting a prize, each participant agrees to release Sweepstakes Entities and Instagram, Facebook and Twitter from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Sweepstakes or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. Disputes/Governing Law
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrants, Sponsor, and other Sweepstakes Entities in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Georgia, United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Georgia. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Georgia, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules and/or this Sweepstakes. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. Use of Data
Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected by Sponsor and used by Sponsor and its designees for purposes of the proper administration and fulfillment of this Sweepstakes as described in these Official Rules. In addition, by entering this Sweepstakes, entrants agree to Sponsor’s use of entrant's personal information as described in Sponsor's Privacy Notice, which is located at http://www.porsche.com/usa/privacy-policy/. Sponsor’s Privacy Notice may be updated from time to time without notice. Sponsor may use entrants’ information to send marketing communications regarding promotional offers and product information.