NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED.
Eligibility: This promotion and contest (“Tour”), sponsored by Vern Eide Motorcars (“Sponsor”), is open only to those who complete and submit entry forms as described below in “How to Enter” and elsewhere in these Rules, Terms & Conditions (“Rules”), and who are at least eighteen (18) years old as of the date of entry. The Tour is only open to legal residents of South Dakota and is void where prohibited by law. Employees of the Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and of the Participating Locations identified below (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Tour. The Tour is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by any laws or regulations.
Agreement to Rules: By participating, you (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet all eligibility requirements. In addition, You agree to accept the decisions of Sponsor as final and binding as it relates to the content of this Tour.
Entry Period: Entries will be accepted as described below under “How to Enter” starting at 12:01 AM on May 4, 2019 and ending at 4:59 PM on June 7, 2019 (the “Entry Period”). All entries must be completed and received by the Sponsor at a Participating Location within the Entry Period.
How to Enter: The Tour must be entered by submitting an entry using the form provided at the following participating locations (each a “Participating Location” and any two or more, the “Participating Locations”): Downtown Sioux Falls May Block Party Remedy Brewing Fernson Taproom Woodgrain Monks House of Ale Each Participating Location reserves the sole and absolute right to limit entry to its premises at any time or from time-to-time to persons at least twenty-one years old, for purposes of fire code restrictions, or for any other legal reason. Each entry must fulfill all Rule and Tour requirements, as specified, to be eligible to win a prize. Entries or entry forms that are incomplete, illegible, or do not adhere to the Rules in whole or in part, may be disqualified at the sole discretion of the Sponsor. You may enter only once at each Participating Location for a Brewery Prize Pack and you may enter only once for the Grand Prize, which entry requires a valid promotion stamp from each of the five Participating Locations. As an alternative method of entry, you may mail a 3”x5” card with your name, address, and phone number in a stamped, self-addressed envelope to the Sponsor at Vern Eide Motorcars, Attention: Terra Zahn, 5200 South Louise Avenue, Sioux Falls, South Dakota 57108. Such entry must be handwritten and postmarked from within the State of South Dakota before the end of the Entry Period. Only one entry per person per envelope is allowed. Regardless of method of entry, You must provide all information requested. You may not submit entries using different email or postal addresses, identities, or devices in an attempt to circumvent the Rules. If You use or attempt to use fraudulent methods or otherwise attempt to circumvent the Rules, your entry or all entries may be removed from eligibility at the sole discretion of the Sponsor.
Prizes: The Tour winners (“Winners”) will receive the following prizes:
2 Year Lease on 2019 Honda Passport valued at $13,344 or an alternative prize of $8,000 cash.
Actual/appraised value of any prize or prize package (other than cash) may differ at time of prize award from the approximate values listed above. The specifics of each prize shall be determined solely by the Sponsor. No cash or other prize substitution shall be permitted except at the Sponsor’s discretion. The Winner of the automobile lease prize must meet Sponsor’s customary lease qualification requirements and complete Sponsor’s customary lease contract and other documents or, otherwise, Sponsor may elect to provide the alternative cash prize. All prizes are nontransferable and nonrefundable. Any and all prize-related expenses, including, without limitation, any and all federal, state, and/or local taxes, liability, comprehensive, and collision insurance (in amounts not less than those prescribed by the Sponsor or the leasing company), insurance deductibles, license and registration fees, maintenance, repair, operating costs (including fuel, fluids, tires, and other items), excess mileage and wear and tear, and any damages, shall be the sole responsibility and cost of Winner. No substitution of prize or transfer/assignment of prize to others or any request for the cash equivalent by Winner is permitted. Acceptance of a prize constitutes permission for Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Odds of Winning: The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification: Winners will be selected by a random drawing under the supervision of Sponsor. Winners will be notified by telephone and e-mail (at the number and/or address provided in the winning entry) within five (5) days following selection of the Winners. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings, or for Winner’s provision of incorrect, illegible, or otherwise invalid or ineffective contact information. If Winner cannot be contacted in accordance with the foregoing, is determined to be ineligible for any reason, fails to claim the prize within thirty (30) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required by Sponsor, the prize will be forfeited and an alternate Winner selected by Sponsor. Receipt by Winner of a prize offered in this Tour is conditioned upon compliance by You with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE RULES BY YOU (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) WILL RESULT IN YOUR DISQUALIFICATION AS WINNER, AND ALL YOUR PRIVILEGES AS WINNER, INCLUDING THE AWARD OF ANY PRIZES, WILL BE IMMEDIATELY TERMINATED AND BE VOID FOR ALL PURPOSES.
Rights Granted by You: By entering and participating in the Tour as herein provided and regardless of whether You are selected as a Winner, You understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, agents, successors, and assigns, shall have the right, unless otherwise prohibited by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Tour, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, all without any further compensation, notice, review, or consent. To the extent that Your entry includes what may be considered to be an original work of authorship, by entering this Tour You represent and warrant that Your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes or is claimed to infringe upon the intellectual property right of another, You will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or claimed infringement of any third party’s right. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Additional Provisions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Tour should mechanical malfunction, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Tour or the award of prizes. In such case, Sponsor may select the Winners or any Winner from all eligible entries received prior to and/or after (if appropriate) any such action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any entry associated with any individual who tampers or attempts to tamper with the entry process or the operation of the Tour or Sponsor’s website or violates these Rules or any applicable law. Sponsor has the right, in its sole discretion, to maintain the integrity of the Tour, to void any or all entries and selection of Winners for any reason, including, but not limited to: multiple entries in excess of that allowed by the Rules; or the use of other individuals or other technical means for entering. Any attempt by any individual to deliberately damage or disrupt any entry or the entry process, or to undermine the legitimate operation of the Tour may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, You agree to release, defend, and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Your participation in the Tour and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human or mechanical intervention in any part of the entry process or the Tour; and (v) electronic or human error in the administration of the Tour or the processing of entries.
Applicable Law and Disputes: THIS TOUR IS CONDUCTED WHOLLY WITHIN THE STATE OF SOUTH DAKOTA AND IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF SOUTH DAKOTA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Tour, You acknowledge and agree that any and all disputes that cannot be resolved between You, the Sponsor, and any other parties, and causes of action arising out of or connected with this Tour, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Minnehaha County, South Dakota having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including attorney’s fees, or any damages other than Your actual out-of-pocket expenses directly associated with entering this Tour, but in no event exceeding five dollars ($5.00) regardless of the number of entries submitted by You. You further waive all rights to have damages multiplied or increased for any reason.
List of Winners: To obtain a copy of the Winners’ names or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: Vern Eide Motorcars, Attention: Terra Zahn, 5200 South Louise Avenue, Sioux Falls, South Dakota 57108. Requests must be received no later than 5:00p.m. Central Daylight Time on June 10, 2019.
Sponsor: The Sponsor of the Tour is Vern Eide Motorcars, 5200 South Louise Avenue, Sioux Falls, South Dakota 57108.