Autotrader® Best New Cars List
Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Autotrader® Best New Cars List
Sweepstakes (the “Sweepstakes”) is open only to
legal residents of the fifty (50) United States and the District of Columbia
who are at least eighteen (18) years old at the time of entry. Employees of Cox
Automotive Inc., MWW Group, LLC, Natalie Joy, Merkle Inc., and their parent and
affiliate companies as well as the immediate family (spouse, parents, siblings,
and children) and household members of each such employee are not eligible. The
Sweepstakes is subject to all applicable federal, state, and local laws and
regulations and is void where prohibited. Participation constitutes entrant’s
full and unconditional agreement to
these Official Rules and Sponsor’s and Administrator’s
decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent
upon fulfilling all requirements set forth herein.
2.
Sponsor: Cox Automotive Inc., 6205-A Peachtree Dunwoody Rd,
Atlanta, GA 30328. Administrator: Merkle Inc. (previously known as
HelloWorld, Inc.), 3000 Town Center, Suite 2100, Southfield, MI 48075.
3.
Timing: The Sweepstakes
begins on May 23, 2024 at approximately 12:00 p.m.
Eastern Time ("ET") and ends on May 29, 2024 at 11:59 p.m. ET (the
"Promotion Period"). Instagram’s servers are the official
time-keeping devices for the Sweepstakes.
4. How to Enter: There are two (2) ways to enter the
Sweepstakes:
(a) Post an In-Feed Photo on Instagram:
Participation Requirements: To participate via this method, you
will need to have a personal and public Instagram account. Creating an
Instagram account is free but subject to the applicable terms and conditions (http://instagram.com/about/legal/terms/#).
If
entering via a mobile device and using your wireless carrier’s network,
standard data charges from your wireless carrier may apply.
Entry Requirements:
During the Promotion Period, take the following actions to receive an entry:
(b) Post an in-feed photo of a new or
used vehicle you purchased within the last year (herein your “Post”); and
(c)
Include @autotrader_com @nnataliejjoy and #AutotraderSweepstakes in the
original caption of your Post;
(d)
Your Post need not include any reference, positive or negative, to Sponsor’s
services, and including such a reference will not improve your chance of
winning. However, your Post must
not violate any of the Content Restrictions listed below;
(e)
Your account settings must be public when you post and remain public until the
prizes are awarded (as described in Section 6); and
(f)
You must not change your Instagram handle once you post to enter this
Sweepstakes and until the prizes are awarded (as described in Section 6).
NOTE:
Instagram stories and Instagram posts where the hashtag is included in a
comment rather than the caption of the original post will not be deemed
entries.
Content Restrictions for
your Entry:
·
Your
Post must be your original work;
·
Your
Post must not convey any claims of Sponsor’s products or services that would be
deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
Post must not disparage Sponsor or any other parties;
·
You
must have permission to include the names or likenesses of other individuals
and to grant the rights set forth in Section 5. You should only include minors
in your Post if they are your children/wards. If requested, entrant must be
able to provide such permissions in a form acceptable to Sponsor;
·
Your
Post must not make references to or include alcohol, illegal drugs, marijuana,
tobacco, or firearms/weapons, any activities that are or appear to be dangerous,
or any political agenda;
·
Your
Post may not be indecent, obscene, sexually explicit, hateful, promotes
bigotry, racism, hatred, or harm against any group or individual or promotes
discrimination based on race, gender, religion, nationality, disability, sexual
orientation, or age; and
·
Your
Post may not be tortious, defamatory, libelous, disparage Sponsor or any other
person or party, or contain material that is unlawful in any way.
(b) Enter by Mail: To enter without purchasing a new or
used vehicle within the last year or posting on Instagram, print your name,
mailing address, phone number, email address, and date of birth on a piece of
paper and mail it in an envelope with proper postage to “Autotrader Best New
Car List Sweepstakes,” c/o Merkle Inc., P.O. Box 5046, Department 863514,
Kalamazoo, MI 49003-5046. You will receive one (1) entry into the Sweepstakes. Limit:
One (1) entry. All mail-in entries must be handwritten and must be postmarked
by May 29, 2024 and received by June 5, 2024. All
entries become the exclusive property of Sponsor, and none will be acknowledged
or returned. Proof of sending or submission will not be deemed to be proof of
receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete,
invalid, unintelligible, illegible, misdirected or postage-due entries, which
will be disqualified.
Entry Limit: You may enter one (1) time during the
Promotion Period by one of the entry methods listed. Multiple entrants are
not permitted to share the same Instagram
account. Any attempt by any entrant to obtain more than one (1) entry by using
multiple/different Instagram accounts, identities, registrations and logins, or
any other methods will void that entrant's entries and that entrant may be
disqualified. Use of any automated system to
participate is prohibited and will result in disqualification. In the event of
a dispute as to the identity of an entrant, Sponsor and Administrator will rely
on the information associated with entrant's Instagram account used to enter
the Sweepstakes. If additional information provided by entrant to claim the
prize is inconsistent with the Instagram account used to enter, Sponsor and/or
Administrator may disqualify such entrant and such disqualification may result
in the forfeiture of any prizes won. Sponsor, in its discretion, may request
additional documentation from entrant to confirm entrant’s identity.
5. Sponsor’s Use of Social
Post Content:
Posting on Instagram constitutes entrant’s consent to give Sponsor a
royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce,
modify, publish, create derivative works from, and display such Posts in whole
or in part, on a worldwide basis, and to incorporate it into other works, in
any form, media or technology now known or later developed, including for
promotional or marketing purposes. If requested, entrant will sign any
documentation that may be required for Sponsor or its designees to make use of
the non-exclusive rights entrant is granting to use the Post.
6. Drawing:
Administrator is an independent
organization whose decisions as to the selection of the potential winners are
final and binding in all matters related to
the Sweepstakes. Administrator will
randomly select the potential Sweepstakes winners from all eligible entries
received during the Promotion Period, on or around June 12, 2024. Each potential
winner will be notified by @autotrader_com as a direct
message on Instagram and will be directed to a secure online claim form and asked to provide their name, email
address, mailing address, and date of birth to confirm eligibility and for
prize fulfillment purposes within two (2) days of the date notice or attempted
notice is sent into order to claim the prize. Next, each potential winner (or
parent/legal guardian if winner is a minor in their state of residence) will be
required to sign and return a
Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity
Release ("Declaration") which must be received by Administrator within
five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize
cannot be contacted, fails to sign and return the Declaration or provide any other
requested information, within the required time period, or the prize is
returned as undeliverable, the potential winner forfeits the prize. Receiving a
prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or
is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among
all remaining eligible entries. Only three (3) alternate drawings will be held,
after which the prize will remain un-awarded.
7. Prizes, Approximate Retail Value (“ARV”), and Odds of
Winning:
A. Prizes:
THREE (3) GRAND PRIZES:
Each winner will receive a car accessory prize pack consisting of one (1) hanging
car diffuser, one (1) car trash can, one (1) phone magnet/charger, one (1)
emergency road kit, one (1) set of car coasters, three (3) milestone pennants,
and car cleaning putty; one (1) $2,000 Visa® eGift Card (terms and conditions
apply); and one (1) $600 check to assist with tax liability resulting from
prize acceptance. Approximate
Retail Value (“ARV”): $2,769.00.
B. Total
ARV: The
total ARV of all available prizes in the Sweepstakes is $8,307.00.
C. Odds of Winning: The
odds of winning a prize depend on the total number of eligible entries received
during the Promotion Period.
For All Prizes: Prizes
are non-transferable, and no substitution will be made except as provided
herein at the Sponsor’s sole discretion. Sponsor reserves the right to
substitute a prize for one of equal or greater value if the designated prize
should become unavailable for any reason. Winners are responsible for all taxes
and fees associated with prize receipt and/or use. Winners will receive an IRS
Form 1099 MISC reporting the actual value of the prize received. ARVs are
determined as of the time these Official Rules were published and the value of
a prize may fluctuate. A winner is not entitled to any difference between the
ARV and the actual value of the prize at the time the prize is awarded. Where
applicable, prize style, size, and all other details will be determined by
Sponsor in its sole discretion. All other costs and expenses associated with
acceptance of the prize that are not expressly set forth herein shall be solely
the winner’s responsibility. 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. Prizes will be fulfilled approximately 8-10 weeks after conclusion
of the Sweepstakes. Limit of one (1) prize per person.
8. Release: By entering this Sweepstakes, entrants
agree to release and hold harmless Sponsor, Administrator,
MWW Group, LLC, Natalie Joy, Instagram, Inc., Meta Platforms, Inc., and their
respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and prize suppliers, and each of their
respective parent companies and each such company’s officers, directors, employees and agents (collectively, the
“Released Parties”) from and against any claim or cause of action, including, but
not limited to, personal injury,
death, or damage to or loss of
property, third party claims involving the right to privacy, right of
publicity, or intellectual property infringement, arising out of participation
in the Sweepstakes or receipt or use or
misuse of any prize.
9. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes each
winner’s consent to Sponsor’s and
its agents’ use of winner’s name, prize information, likeness, photograph, social handle, voice, opinions and/or hometown and state for promotional purposes in any
media, worldwide, without further payment or consideration. Sponsor is not
obligated to use any of the above-mentioned information or publicity materials
but may do so and edit such information or materials at its sole discretion,
without further obligation or compensation.
10. General Conditions: Sponsor reserves the right to cancel,
suspend and/or modify the Sweepstakes, if any fraud, technical failures, human
error, or any other factor impairs the integrity or proper functioning of the
Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such
as natural calamities, national emergencies, wide spread illnesses,
declarations of war, acts of God, acts of terrorism) interferes with any aspect
of the Sweepstakes, including but not limited to fulfillment of the prize(s),
as determined by Sponsor in its sole discretion. In such event, Sponsor, in its
sole discretion, may elect to hold a random drawing from among all eligible
entries received up to the date of discontinuance and may modify the prizes
offered herein. Sponsor reserves the right, in its sole discretion, to
disqualify any individual it finds to be tampering with the entry process or
the operation of the Sweepstakes, including but, not limited to submitting fraudulent entries, or to be acting in
violation of the Official Rules of this or any other promotion or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the
fullest extent permitted by law. Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision. In no event will more prizes than are stated in these
Official Rules be awarded. If, for any reason, more prize notifications are
sent (or more claims are received) than the number of prizes offered, as set
forth in these Official Rules, Sponsor reserves the right to award the intended
number of prizes through a random drawing from among all eligible prize claims
received. In the event there is a discrepancy or inconsistency between, any other
statements contained in any Sweepstakes-related materials (including printed versions
of these Official Rules) and the Official Rules as posted by Sponsor, the
Official Rules as posted by Sponsor shall prevail, govern, and control.
11. Limitations
of Liability: The Released Parties are not responsible for: (1) 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; (2) technical failures of any kind, including, but not limited
to malfunctions, interruptions, or
disconnections in phone lines, social media platforms, or network hardware or
software; (3) unauthorized human intervention in any part of the entry process
or the Sweepstakes; (4) technical or human error which may occur in the
administration of the Sweepstakes or the processing of entries; (5) late, lost,
undeliverable, damaged or stolen
mail; (6) lost, late, unreceived, damaged,
incomplete, invalid, un-intelligible, garbled, delayed or misdirected
Submissions or failure to receive Submissions due to limitation of third-party
social network platforms or (7) 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 or use or
misuse of any prize. If for any reason
an entrant's entry is confirmed to
have been erroneously deleted, lost, not received, or otherwise destroyed or
corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is
possible. No more than the stated number of prizes will be awarded. In the event that
production, technical, seeding, programming or any other reasons cause more
than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the
right to award only the stated
number of prizes by a random drawing among all legitimate, un-awarded, eligible
prize claims.
12. Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the
United States District Court for the Eastern District of Michigan or the
appropriate Michigan State Court located in Oakland County, Michigan; (2) any
and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, but in no event attorneys’
fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all
rights to claim, indirect, punitive,
incidental and 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.
All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and
obligations of the entrant and Sponsor in connection with the Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State
of Michigan without giving effect to
any choice of law or conflict of law rules (whether of the State of Michigan or
any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.
13.
Severability: If the application of any provision of these
Official Rules to any particular facts or circumstances shall for any reason be
held to be invalid, illegal or unenforceable by a court, arbitration panel or
other tribunal of competent jurisdiction, then (a) the validity, legality and
enforceability of such provision as applied to any other particular facts or
circumstances, and the other provisions of these Official Rules, shall not in
any way be affected or impaired thereby; and (b) such provision shall be
enforced to the maximum extent possible.
In addition, if any provision contained in these Official Rules shall
for any reason be held to be excessively broad as to duration, geographical
scope, activity or subject, it shall be construed by
limiting and reducing it, so as to be enforceable to the extent compatible with
applicable law.
14. Entrant's Personal
Information:
Information collected from entrants is subject Sponsor’s Privacy Policy: https://www.autotrader.com/legal/privacy-statement.
15. Winner List: For a winner list, please click HERE. The winner
list will be posted after winner confirmation is complete.
© 2024 Merkle Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or
associated with, Instagram, Inc. or Meta Platforms, Inc.