Road To Gold Contest with Gano Excel USA
ROAD TO GOLD, CAR GIVEAWAY FFICIAL RULES
DESCRIPTION: The ROAD TO GOLD, CAR GIVEAWAY
(“Giveaway”) is offered only in the 48 Contiguous United States and District of Columbia
(“U.S.”) and begins at 12:00 AM Pacific Time (“PT”) on
May 10, 2013 and ends at 6:00 PM PT on December 10, 2013 (“Giveaway Period”).
Sponsor’s computer is the official timekeeping device for the Giveaway.
Gano Excel, 4828 4th Street,
Irwindale, California, 91706
ELIGIBILITY: The Giveaway is open only to Gano
Excel Affiliates in good and active standing who are at least eighteen (18)
years of age or older as of date of entry (“Entrant”) and are legal residents of the forty-eight (48) contiguous (48) United States and District of Columbia (U.S.) except Florida, New York, Rhode Island, and where
prohibited or therwise restricted by law,. Employees (and their Immediate Family Members and members of the same household of such employees, whether or not related) of Sponsor and its parents, divisions, affiliated entities, subsidiaries and advertising and Giveaway agencies (collectively, the “Giveaway Entities”) are not eligible to enter. Immediate Family Members shall include spouses and parents, in-laws, siblings and children and their espective spouses, regardless of where they reside. Giveaway is void in Puerto Rico, U.S. Territories and jurisdictions (including overseas military installations) and where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Giveaway, each Entrant
fully and unconditionally agrees to and accepts these Official Rules and
the decisions of the Sponsor, which are final and binding in all matters
related to the Giveaway. Winning a prize is contingent upon fulfilling all
requirements set forth herein.
HOW TO PARTICIPATE: There are four (4) ways to enter the Giveaway:
- Entrant shall receive entries into the Giveaway each time an Entrant enrolls
a new and unique Gano Excel Affiliate or Customer on a re-occurring, monthly
autoship order for Gano Excel products during the Giveaway Period.
Enrolling a new Gano Excel Affiliate into a $50.00 autoship will enable the Enroller to receive two (2) entries.
Entrants that enroll new and unique Gano Excel Affiliates or Customers on a re-occurring, monthly autoship order of $100.00 will be provided four (4) entries to the Giveaway. Mltiple Affiliate or Customer Autoship orders cannot be combined to reach the $50.00 or $100.00 minimum order
requirement to receive an entry to the Giveaway.
- Entrant shall receive entries into the Giveaway for each personal enrollee
who is enrolled on an autoship. For each month a personal enrollee is on
an autoship, the Sponsor/Entrant will receive entries. A personal enrollee
enrolled in a $50.00 autoship will earn for their Sponsor, the Entrant, one (1)
entry. A personal enrollee enrolled in a $100.00 autoship will earn for
their Sponsor, the Entrant, two (2) entries.
- Entrant shall earn twenty (20) entries for hitting the paid rank of “Gold”
in a week during the Giveaway Period. Entrant can only earn the twenty (20) entries once.
Entrant shall earn twenty (20) entries for each personal enrollee who
reach the paid rank of “Gold” in a week during the Giveaway Period. Once a
personal enrollee has earned the paid rank of “Gold” in a week during the
Giveway Period, Entrant will not receive any more entries if the personal
enrollee earns the paid rank of “Gold” in any other week during the Giveaway Period.
Sponsor is not responsible for incomplete, invalid, unintelligible or misdirected Autoship enrollments. By participating in the Giveaway, each Entrant unconditionally agrees to and accepts these OFFICIAL RULES and the decisions of the Sponsor which are final and binding in all matters related to the Giveaway.
Winning the prize is contingent upon fulfilling all requirements set forth herein. Odds of winning depend on the number of eligible entries received during the Giveaway Period.
WINNER SELECTION AND VERIFICATION:
One (1) winner will be randomly selected within 1 month of the end of the Giveaway Period, from all
eligible Etries received, to win a 2013 Mercedes Benz C-class sedan. Drawings will be conducted by Sponsor live at its Corporate Headquarters and will be broadcast via webcast. Sponsor will attempt to contact the
potential winner by phone and/or email.
Description of PRIZE /APPROXIMATE RETAIL VALUE
(ARV): Prize: A 2013 Mercedes Benz C250W (ARV $35,350) (the “Prize”). The drawing is tentatively scheduled to take place on December 15, 2013 at Irwindale, California.
The Prize Winner is responsible for vehicle registration, license, tax,
title and insurance fees and for all costs associated with the vehicle.
Grand Prize Winner must take delivery of vehicle within 30 days of
notice of availability from Sponsor’s location at Corporate Headquarters or
prize may be forfeited.
The Prize Winner must have valid U.S. driver’s license and proof of insurance to take delivery. The Prize Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income) on all aspects of the Prize won and will be required to provide his/her Social Security number or tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of the Prize awarded and accepted. Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the Prize in whole or
in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. In the event that a Prize winner is disqualified for any
reason, that Prize will be forfeited and may be awarded to an alternate at the Sponsor’s sole discretion.
GENERAL CONDITIONS / RELEASE:
By participating, Entrants release Giveaway Entities, their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind
caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use or misuse of the Prize; and acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty representation or guarantee, expressed or implied, in fact or in law, relative to a prize, including but not limited to the prize quality or availability. Neither Giveaway Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information or autoship information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site or to complete a telephone call or facsimile transaction, or any other error or malfunction, or
any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Giveaway.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE SITE, TAMPER WITH THE ENTRY PROCESS OR AUTOSHIP ORDER(S) OR OTHERWISE UNDERMINE
THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES 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. If for any reason the Giveaway is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which, in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and to cancel, terminate, modify or suspend the Giveaway.
In the event of any cancellation, termination or suspension, notice thereof will be posted at ww.ganoexcel.us and Sponsor will make the Prize available to be won in a manner which is fair, appropriate and consistent with these Official Rules as determined by Sponsor in its sole discretion.
GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Central District of California or the appropriate California State court located in Los Angeles County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all
rights to claim, punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOMER ISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and ligations, or the rights and obligations of the Sponsor in connection with the Giveaway, 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 (whether of the state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California.
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