Toys may be dropped off at Earnhardt Hyundai in Avondale during normal business hours between
November 5th, 2019 and December 14th, 2019
A Special Thank You to:
For every toy donation made by an individual ("Donor"), Earnhardt Avondale Hyundai, Inc. ("Earnhardt Hyundai or Sponsor") will provide one sweepstakes opportunity to win a free vehicle provided by Earnhardt Hyundai. All toys will be provided to the Boys and Girls Clubs of Metro Phoenix ("BGC"), a 501(C)(3) nonprofit. All required forms must be filled out completely and truthfully. Failure to do so may result in disqualification from the Sweepstakes. Disqualification is in the sole discretion of Earnhardt Hyundai.
Earnhardt Hyundai is the Sponsor and will conduct the 2019 Love for the Club Toy Drive Sweepstakes ("Sweepstakes") in accordance with the Official Rules ("Rules"). Participation in the Sweepstakes constitutes Donor's full and unconditional agreement to, and acceptance of, these Official Rules. The Sweepstakes is void where prohibited and outside the Sweepstakes area set forth below.
1. Eligibility: Donor must be legal United States' residents, at least eighteen (18) years of age, with a valid driver's license. Employees of Earnhardt Hyundai and all Earnhardt dealerships, Premier Coach Works, Express Powder Coat and Wheel Repair, and the immediate family members of each are ineligible. The term "immediate family" includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Donation Period: All donations must be dropped off in person at Earnhardt Hyundai, 10401 W. Papago Freeway, Avondale, AZ 85323 during normal business hours between Friday, November 1, 2019 and 11:45am on Saturday, December 14, 2019 . For hours please visit www.EarnhardtHyundai.com
3. Donation/Sweepstakes Opportunity: Donor will receive one free sweepstakes opportunity to win a vehicle provided by Earnhardt Hyundai by donating an eligible toy during the donation period. Limit one entry per person. Eligible toys must be new, unwrapped, and in original packaging.
Your donation receipt will be your confirmation that you have received one opportunity per toy donation.
4. Sweepstakes Drawing & Notification: On Saturday, December 14, 2019, the grand prize drawing will take place at Earnhardt Hyundai, 10401 W. Papago Freeway, Avondale, AZ 85323 at approximately 12:00pm. Odds of winning depend on the number of eligible entries. Sponsor will use the information provided on the entry form to attempt to notify winner by phone or email. Winner agrees to have his or her likeness displayed in all forms of media throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law, and agree to comply with and conform to generally accepted broadcast standards with regard to conduct, dress and language. If the winner: (a) cannot be positively contacted by phone or email within 24 hours of the drawing; (b) is not in compliance with the Official Rules; (c) does not sign and return required documents by deadline set by Sponsor or (d) does not meet the eligibility requirements, then that winner will be disqualified and another drawing will take place. All results are unofficial until the finalist is verified.
5. Prize: The winner will receive a pre-owned 2013 Hyundai Sonata with 99,000 miles. The approximate value of the grand prize is $6,500. Sponsor will select the grand prize vehicle - no exchanges or substitutions may be made by winner - and all features will be in the sole discretion of Sponsor. The winner shall be required to personally retrieve the vehicle and present acceptable personal identification, a valid driver's license and evidence of any legally required insurance. Arrangement of delivery of the Grand Prize will occur on or around December 16, 2018, at Earnhardt Hyundai (date and location subject to change). Properly claimed prize will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules.
6. Prize Acceptance/Restrictions: Winner is subject to verification by Sponsor of the winner or winner's name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00). If a winner is disqualified, Sponsor reserves the right to determine an alternate winner. Sponsor reserves the right to substitute a comparable prize of like value, or apply the value of the grand prize to another vehicle. Sales tax, title, and license fees due at the time of delivery will be covered by Earnhardt Hyundai. Costs of transportation, accommodations, income taxes, and any other expenses, except as explicitly set forth herein, are the sole responsibility of the winner.
7. Publicity Release: By donating to the Love for the Club - Toy Drive during the "Donation Period," each Donor acknowledges that his/her donation constitutes that Donor's consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner's name, voice, likeness, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
ANY ATTEMPT BY A DONOR TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS PROHIBITED AND MAY RESULT IN DISQUALIFICATION.
8. Taxes: Any valuation of the prize stated above is based on available information provided to Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsor at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide Sponsor with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded.
9. Conditions: Sponsor reserves the right, in their sole discretion, to modify this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, interruption in wireless calling devices or wireless service, tampering, unauthorized intervention, actions by Donor, fraud, technical failures, or any other causes which, in Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Sweepstakes becomes corrupted due to wireless calling service interruption for any reason, or (d) the Sweepstakes is otherwise not capable of running as planned. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the internet portion of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the Sweepstakes, and/or modify the Sweepstakes. If Sponsor terminates or modifies the Sweepstakes, Sponsor will post notice on the official Sweepstakes website. By entering, Donor represents that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges. Any Donor who attempts to tamper with this Sweepstakes in any way or use fraudulent means to participate in and/or win the Sweepstakes shall be disqualified. Sponsor reserves the right to disqualify any Donor at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Sponsor and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays in the Sweepstakes. Other than the prize received by the winner, no Donor shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Sweepstakes. Sponsor has the sole discretion to administer the Sweepstakes and interpret and apply the Official Rules. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Rules, will be construed as a waiver or relinquishment to any extent of Sponsor's right to assert or rely upon any such provision or right in that or any other instance.
10. Indemnification/Hold Harmless: By participating, Donor agrees: (a) to release, discharge, and hold harmless Earnhardt Avondale Hyundai, Inc., Earnhardt Auto Centers, Boys and Girls Clubs of Metro Phoenix and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, officers, directors, employees, representatives, and agents of the foregoing (the "Released Parties") from all liability, injuries, losses or damages of any kind to persons, including but not limited to death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of a prize, or from participation in and/or entry into the Sweepstakes or any Sweepstakes-related activity and for acceptance, delivery, or use of any prize; and (b) that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the Sweepstakes, each Donor agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the Donor's participation in the Sweepstakes, including attorneys' fees.
11. Limitation of Liability: The Released Parties are not responsible or liable for any incorrect or inaccurate donation information or other errors in the printing, offering or administration of the Sweepstakes or in the announcement of the prize(s) and assume no responsibility for (a) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (b) failure of any donation to be received by Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (c) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (d) mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an Donor's ability to participate in the Sweepstakes, (e) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (f) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (g) theft or destruction of, tampering with, unauthorized access to, or alteration of donations and/or donation information, (h) donations which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (i) any change of email address, mailing address, telephone number and/or any other contact information provided by Donor. Any expenses incurred by the Donor during the application process, including but not limited to, postage are the sole responsibility of each Donor and the Sponsor will not issue reimbursement for any expenses.
UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS' FEES, OR ANY OTHER DAMAGES.
12. Choice of Law/Forum: Donor agrees, by participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Arizona. Arizona law shall govern this Sweepstakes, without regard to Arizona's choice of law rules. The courts of Arizona shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.
13. Official Rules: Complete Sweepstakes rules are available at www.EarnhardtHyundai.com.
14. Name of Winner: Sweepstakes winner will be posted on www.EarnhardtHyundai.com. For the name of the prize winner, send a separate, self-addressed, stamped envelope to Earnhardt Hyundai Love for the Club Toy Drive 10401 W. Papago Freeway, Avondale, AZ 85323, or appear in person at that location between normal business hours. Requests must be received by January 10, 2020.
15. NO PURCHASE NECESSARY. In order to receive one Sweepstakes opportunity without a toy donation to Love for the Club Toy Drive, send a self-addressed, stamped envelope along with a 3x5 card, on which you put your first and last name, address, home and cell phone numbers and the words "Love for the Club - Toys!", Earnhardt Hyundai, 10401 W. Papago Freeway, Avondale, AZ 85323. Mailed in requests for a sweepstakes ticket must be received by December 14, 2019 in order to be processed in time.
16. This Sweepstakes, and all Sweepstakes material, is ©2019 by Earnhardt Hyundai. All rights reserved.