01-11-13 - Mercedes Benz - Mbrace Challenge Sweepstakes

https://www.facebook.com/mercedesbenzusa?v=app_119118631572357

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY ENTERING THE MERCEDES-BENZ SUPERDOME KICK-OFF EXPERIENCE SWEEPSTAKES (“SWEEPSTAKES”), YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

ELIGIBILITY: The Sweepstakes is open to legal residents of one (1) of the fifty (50) United States (including the District of Columbia; excluding Puerto Rico, Guam, and the U.S. Virgin Islands) who are 18 years of age or older at the time of entry. Sweepstakes is void where restricted, taxed or prohibited by law. Employees, officers and directors of: (a) Mercedes-Benz USA, LLC (“MBUSA” or “Sponsor”) and its parent companies, subsidiaries, affiliates and partners, (b) authorized Mercedes-Benz dealers, (c) affiliates, sales representatives, retailers, distributors, and promotion and other vendor agencies involved in this Sweepstakes and each of their respective affiliates (collectively, the “Released Parties”), and the household and immediate family members (spouse, child, parent, sibling and their respective spouses) of all such employees/officers/directors, are NOT eligible to enter or win. Sweepstakes is subject to all federal, state, and local laws and regulations.

ENTRY PERIOD: This Sweepstakes begins at 12:01 p.m. Eastern Time (“ET”) on December 12, 2012 and ends at 12:01 p.m. ET on January 11, 2013 (“Promotion Period”).

HOW TO ENTER: By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, including the interpretation of these Official Rules and Sponsor’s exercise of discretion, which will be final and binding in all respects. There is one (1) method of entry for this Sweepstakes. To enter the Sweepstakes, during the Promotion Period (a) visit www.facebook.com/mercedesbenzusa, (b) log on to Facebook and follow the directions provided to indicate a “Like” preference for the Mercedes-Benz USA Facebook page; (c) click on the Trivia Challenge app; (d) play the Trivia Challenge game or click the “Skip to enter sweepstakes” button; (e) complete the Official Entry Form; and (f) click “Submit.” You must have a Facebook account to enter the Sweepstakes. If you do not have one, you will be prompted to sign up for one, which is free. All entries must be received during the Promotion Period. Limit one (1) entry per person/authorized e-mail account holder/Facebook account during the Promotion Period. The use of automated devices to enter this Sweepstakes is prohibited. Any attempt by any person to submit multiple entries by using multiple/different e-mail accounts or any other methods will void all entries submitted and that person will be disqualified. The Released Parties assume no responsibility for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. All entries become Sponsor’s property and will not be returned.

To enter the Sweepstakes, you agree to comply with Facebook’s Statement of Rights and Responsibilities found at https://www.facebook.com/legal/terms. To the extent there is any conflict between these Official Rules and the Facebook Statement of Rights and Responsibilities, these Official Rules will apply.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or YouTube. You are providing your information to Sponsor and agencies acting on its behalf with regard to this promotion, and not to Facebook. Please see the “Privacy” section below for details regarding the use of personal information collected in connection with this Sweepstakes.

4) WINNER SELECTION/PRIZE AND APPROXIMATE RETAIL VALUE: The potential Grand Prize winner will be selected on or about January 11, 2013 in a random drawing from among all eligible entries received throughout the Promotion Period by the Administrator, Promotion Fulfillment Center. Odds of winning the Grand Prize depend on the number of eligible entries received throughout the Promotion Period. Sponsor’s decisions on all matters relating to the Sweepstakes are final.

One (1) Grand Prize: A trip to New Orleans, LA on or about February 1, 2013 for the winner and one (1) guest for the Mercedes-Benz Superdome Kick-off . Trip must be taken between February 1, 2013 and February6, 2013. Grand Prize includes $3,000.00 in spending money, awarded in the form of a gift card, access to the Mercedes-Benz exclusive tailgate party, and other events, and travel accommodations. Winner may be required to use spending money to gain access. Travel consists of: (i) round-trip, coach-class airfare for winner and one (1) guest (from a major airport near winner’s and/or guest’s physical place of residence at time of entry as determined in Sponsor’s sole discretion); (ii) five (5) nights standard hotel accommodations at The Modern in New Orleans or similar hotel in one (1) double occupancy room (does not include meals, room service, or other incidentals), round-trip ground transportation between the New Orleans airport and hotel (as determined in Sponsor’s sole discretion). The Approximate Retail Value (“ARV”) of the trip is $12,450.00. The Grand Prize winner will also receive a single cash payment of $2,794.00 (the “Cash Payment”) in the form of a corporate check, which is intended to offset any federal or state tax obligations related to the acceptance of the Grand Prize. The total ARV of the Grand Prize is Fifteen Thousand Two hundred and Forty-four Dollars ($15,244.00).

The Grand Prize winner is responsible for all federal, state, and local income taxes and any other taxes or expenses associated with the Grand Prize. An IRS form 1099 will be issued in the name of the Grand Prize winner for the actual value of the prize received, including the Cash Payment. MBUSA will comply with all applicable tax reporting requirements. Actual value of Grand Prize may vary based on point of origination and airfare fluctuations. The Grand Prize winner and guest must possess required travel documents (e.g., valid government-issued photo ID) prior to departure. If the Grand Prize winner resides within one hundred and fifty (150) miles of the New Orleans, LA, alternate travel arrangements may be made by the Sponsor and/or the Grand Prize winner and value of prize adjusted accordingly, at Sponsor’s sole discretion. The Grand Prize winner and guest are required to travel together from the same airport. The Grand Prize winner must plan trip with Sponsor designated agent so as to travel by February 1, 2013, or Prize will be forfeited in its entirety. Travel arrangements are to be determined and are subject to availability and some restrictions may apply. Travel is subject to airline schedule changes. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. If winner is unable to take the trip on the dates designated by the Sponsor, the winner shall forfeit the prize in its entirety and an alternate winner may be selected, time permitting. The Grand Prize winner is responsible for meals, taxes, gratuities, incidentals, travel upgrades, fees, service charges, surcharges, insurance costs, other ground transportation, and all other expenses not expressly specified herein.

Grand Prize consists only of items specifically listed as part of the Grand Prize. Certain conditions and restrictions apply. Grand Prize is nontransferable and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prizes of the same approximate retail value for the Grand Prize or any portion thereof.

5) PRIZE NOTIFICATION: The potential Grand Prize winner will be notified by phone, express mail or email to the phone number, address or email address provided by the potential Grand Prize winner during the entry process on or about January 11, 2013. The Grand Prize winner must complete, sign, and return the presented affidavit of eligibility, mutually-agreeable release of liability, publicity release, and appropriate tax documents (the “Documents”) within three (3) business days of delivery of the Documents, or the prize will be forfeited in its entirety. The Grand Prize winner’s guest must complete a release of liability and publicity release. If the Grand Prize winner’s guest is a minor, they must be the Grand Prize winner’s child or legal ward. In such a case the Grand Prize winner will be required to complete a mutually-agreeable release of liability and publicity release on behalf of their child or legal ward. If notified winner is not eligible, forfeits the prize, or declines the prize, or in the event of non-compliance with these Official Rules, then Grand Prize winner will be disqualified and an alternate winner may be randomly selected as the Grand Prize winner, time and circumstances permitting. Return of any prize or prize notification as undeliverable or failure to accept any prize within the specified time period may, in the Sponsor’s sole discretion; result in disqualification and forfeiture of prize. Upon prize forfeiture, no compensation will be given.

Publicity Release: Subject to applicable law, the Grand Prize winner irrevocably grants to Sponsor the right to use and publish his/her proper name, city and state of residence, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Grand Prize winner regarding the Sweepstakes or Sponsor online and in print and in any other media now known or hereafter developed, worldwide, in perpetuity, in connection with the Sweepstakes and for advertising and promotional purposes, without additional compensation or notification.

6) ADDITIONAL TERMS: By entering, each entrant agrees to accept and abide by the Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or award of prize, shall be resolved by Sponsor, whose decision shall be binding and final. By entering the Sweepstakes, each entrant agrees, and by accepting the Grand Prize the Grand Prize winner agrees, to release, indemnify and hold harmless the Released Parties and Facebook, Inc. from and against any liability, loss, damage, cost, and expense that the Released Parties and Facebook, Inc. may suffer as a result of any claims, suits, demands, actions, causes of action (“Claims”), penalties, expenses, or costs, including reasonable attorneys’ fees (“Losses”), whether foreseen or unforeseen, that may be made or had against the Released Parties and Facebook arising from or in connection with the Sweepstakes, including all such Claims and Losses arising from: 1) any prize won; 2) the negligence, reckless acts, and/or intentional or willful misconduct by entrants or Grand Prize winner; 3) any injuries, losses, or other damage of any kind that the entrants or Grand Prize winner may sustain arising from or in connection with their participation in the Sweepstakes; and 4) any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and/or breach of contract. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND 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. As a condition of entering the Sweepstakes, Grand Prize winner gives consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prize to an entrant selected from among all valid and eligible entries received up to the time of such Force Majeure event.

7) COMPUTERIZED ONLINE REGISTRATION: This Sweepstakes is intended for viewing in the United States only and shall be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the United States and you are not a legal U.S. resident. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. If for any reason, the computerized entry portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, then Sponsor reserves the right to cancel, terminate, modify, or suspend the Sweepstakes. In the event of cancelation, Sponsor will award the prize to an entrant selected from among all valid and eligible entries received up to the time of such. Each entry must be manually key-stroked and manually entered by the individual entrant. Repetitive automated electronic submission of entries is specifically prohibited, and any such entries will be disqualified. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute, the potential winner may be required to provide proof that he/she is the authorized account holder of the identified e-mail account, and Sponsor’s decision will be final. Sponsor 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, or alteration of, entries, including any error that may result in an erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any computer equipment or software that results in loss of entry. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the Grand Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES; GOVERNING LAW. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.

9) PRIVACY: Trust is a cornerstone of Sponsor’s corporate mission and the success of Sponsor’s business depends on it. Sponsor is committed to maintaining your trust by protecting personal information it collects about you. Information collected from entrants is subject to Sponsor’s Privacy Policy which can be found at: http://www.mbusa.com/mercedes/policies/privacy_statement. By entering the Sweepstakes, each entrant hereby agrees to Sponsors’ collection and usage of his/her personal information and acknowledges that he/she has read and accepted the terms of Sponsor’s privacy policy.

10) WINNER NAME: The name of the Grand Prize winner may be obtained by sending a self-addressed, stamped envelope postmarked by February 11, 2013 to: Mercedes-Benz Superdome Kick-Off Experience SWEEPSTAKESWinner’s List, c/o eshots, Attn: Clare Toledo, 233 N. Michigan Avenue, Suite 420, Chicago, Il 60601.

Sponsor: Mercedes-Benz USA, LLC, One Mercedes Drive, Montvale, NJ 07645.

Administrator: Promotion Fulfillment Center, 311-21st Street, Camanche, IA 52730.