NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.
The “GenZe” Sweepstakes (the “Sweepstakes”) is intended for legal United States residents and shall only be construed and evaluated according to applicable federal law and CA state law. Do not enter this Sweepstakes if you are not located in, and a legal U.S. resident, and otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Mahindra Tractor Assembly, Inc., d/b/a Mahindra GenZe, 2901 Bayview Drive, Fremont, CA 94538 (the “Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open and offered to legal U.S. residents who have reached the age of majority in their state of residence at the time of entry (the “Entrants”). In addition, an Entrant must have a valid driver’s license and must have valid vehicle insurance at time of entry. Employees, officers, agents, attorneys and representatives of the Sponsor, Newbridge Marketing Group, GlobalFluency, the Administrator, their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Administrator, which shall be final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01am ET on December 10, 2015 and ends at 11:59:59pm ET on March 31, 2016 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device of the Sweepstakes. Entrants can obtain one (1) Sweepstakes entry by visiting the Sweepstakes Website, www.INSERTURL.COM (the “Website”). At the Website, Entrants will be instructed to complete the Sweepstakes registration form requesting an Entrant’s full name, email address, and zip code. By completing the Sweepstakes registration form, an Entrant will receive one (1) Sweepstakes entry.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, 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 of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE 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.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
DRAWING AND NOTIFICATION OF POTENTIAL WINNER: The potential Grand Prize Winner will be selected in a random drawing from among all eligible entries received in accordance with these Official Rules. The drawing will be conducted by the Administrator on or about April 5, 2016. The potential Grand Prize Winner will be contacted by the Administrator (or Sponsor) via phone or email. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.
GRAND PRIZE: One (1) Grand Prize will be awarded. The Grand Prize Winner (“Grand Prize Winner” or “Winner”), upon the Administrator’s verification of eligibility, will receive one (1) GenZe 2.0 Electric Scooter. The Grand Prize has an Approximate Retail Value (“ARV”) of $2,999. All vehicle options, if any, are at the Sponsor’s sole discretion. Pictures, display vehicles or other representations of any vehicle used in connection with this Sweepstakes are not depictions or promises of the Grand Prize which may differ substantially. The Grand Prize does not include safety gear, accessories, insurance, maintenance expense, tire replacement, and other operating expenses.
The Prize consists only of the item described above. All costs associated with the use of the prize that is not expressly described as being included with the prize is the Winner’s sole responsibility. The value of the prize set forth above represents Sponsor’s good faith determination of the ARV thereof and such determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE GRAND PRIZE WINNER WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a prize with another prize of equal or greater value.
PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize. The Grand Prize Winner must sign and return to the Administrator, within seven (7) days of the date of Winner notice or attempted Winner notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to the potential Grand Prize winner will require that the Winner provide his/her Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will each be responsible for all local, state, and federal taxes associated with the receipt of his/her accepted prize. The Grand Prize Winner must also note that the value of the prize is taxable as income and an IRS Form 1099-MISC will be filed in the name of the Winner for the value of their prize. The Winner is solely responsible for all matters relating to the Grand Prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached via phone or email within three (3) calendar days from the first notification attempt, or if a potential Grand Prize Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such potential Winner shall be disqualified and an alternate Winner may be selected.
By accepting the Grand Prize, where permitted by law, the Grand Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES 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, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of California; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
WINNERS LIST REQUEST: To request the name, city, and state of residence of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, for receipt by April 30, 2016, to: Alliance/GenZe Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607.