Grand Opening Give Away Event

 
2016 Ford Fusion SE
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OFFICIAL CONTEST RULES 

Contest Name: Grand Opening Give Away Event

Contest Holders: Ed Shults Ford Lincoln

Address: 2258 Washington Street, Jamestown, N.Y. 14701

Phone: (716) 484-0121

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER TO WIN.
PURCHASE DOES NOT INCREASE ODDS OF WINNING.

This contest (the "Contest") is open only to individuals ("Entrants" or "participants") who: (i) are legal residents of the 50 United States and the District of Columbia (ii) are at least 18 years of age, or the age of majority in their state of residence, whichever is older as of the time of entry; (iii) have a valid drivers license issued by one of the 50 United States or District of Columbia at the time the prize is redeemed; and (iv) submit a fully completed Contest entry form in person at Shults' 2258 Washington Street, Jamestown, N.Y. 14701 location on or before June 9, 2017 at 6:00 P.M. ET. If you do not meet the above criteria at the time of entry, you are not eligible to participate in this Contest or to win a prize. Shults and its respective employees, shareholders, directors, officers, members, successors or agents of Shults, and members of the immediate family of any such persons are not eligible to participate in this Contest or win. Void where prohibited or restricted by law. Odds of winning depend upon the total number of eligible entries received during the Contest Period. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND/OR NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

Ed Shults Ford Lincoln, its' subsidiaries, affiliated companies and divisions (collectively and individually "Shults" or "Sponsor") will sponsor and conduct this promotional contest substantially as described in these official contest rules ("Official Contest Rules"), and by participating, each participant agrees as follows:

The Contest is administered by Shults and any questions, comments or complaints regarding the Contest must be directed to Shults. Entrant(s) acknowledges and understands that any information provided will be used in administering the Contest. Shults, and any of its respective affiliates, may also collectively herein be referred to herein as the "Contest Entities".

1. Description of Contest/Participation

Dates of Contest: Contest will begin Thursday, February 28, 2017 at 8:00 A.M. ET and end June 10, 2017 at 12:00 P.M. ET ("Contest Period"). Entries in the Contest not received by Shults on or before June 9, 2017 at 6:00 P.M. ET shall not be eligible to participate in the Contest. Entrants not located within the referenced time zone, must factor in the time difference for the defined time zone in which they are located. The winner of the prize shall be drawn by the Sponsor's designated representative on June 10, 2017 at 12:00pm.

Winner Selection and Notification: There will be one (1) prizewinner selected at random from all of the eligible entries collectively received (see schedule A below). Shults will attempt to contact the selected winner by phone at the phone number provided by the Entrant and/or by mail. Only the winner will be contacted by a Shults representative. If a potential prizewinner does not claim his or her prize by July 9, 2017, the potential prizewinner will be disqualified and an alternate potential prizewinner will be randomly selected until a winner is determined and has met all conditions described herein. Due to time constraints, Shults reserves the right to modify the notification procedures in connection with the selection of alternate winners, if any or necessary. Odds of winning depend upon the number of eligible entries received.

Schedule A - Prize Schedule

Drawing Date Prize
12:00pm ET June 10, 2017 2016 Ford Fusion- VIN #3FA6POH75GR152752

Conditions on Participation: If the Entrant is unable to verify registration information, the Entrant will automatically be disqualified and their prize will be forfeited. Shults reserves at its sole discretion the right to choose an alternative winner in the event that an Entrant has been disqualified or is deemed ineligible. Shults is not responsible for any change of email address, mailing address and/or telephone number of Entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an email or any other form of communication Shults may use to contact a potential winner. Shults is not obligated to leave voice mail, a message on an answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify an Entrant or potential winner or for any late, misdirected communications of any kind, or if the Entrant or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the Entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the Entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore, eligible contestants agree as follows: by participating you agree (a) to be bound by these Official Contest Rules; (b) as between you and Shults, that the decisions of Shults are final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, the you will be disqualified. Shults, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.

Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made at the time of entry and qualification. Entries must contain all information requested and must be received on or before the deadline for registration to be considered valid. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. A limit of one entry is allowed per day per individual Entrant. All entries become the property of Shults and receipt will not be acknowledged and entries will not be returned. Shults' decisions as to the administration and operation of the Contest and the selection of potential winner is final and binding in all matters related to the Contest. When applicable, Shults assumes no responsibility for contestants not making timely entries.

2. Prize(s). No more than one (1) prize shall be awarded. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable except in Shults' sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by Shults. Shults is not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Contest. The prize is awarded if properly claimed according the Official Contest Rules and if there are sufficient eligible entries. Shults does not make, and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein, including but not limited to title charges, department of motor vehicle expenses, and sales taxes, are the sole responsibility of winner(s). If the winner is disqualified or is found to be ineligible for the Contest, Shults reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. The prize(s) that may be awarded to the eligible winner is:

2016 Ford Fusion- VIN #3FA6POH75GR152752

All prizes awarded must be fulfilled in the name of the designated winner. A winner is not a recipient of a prize until he/she has been verified and if the winner is unable to become verified then the winner will automatically be disqualified and their prize will be forfeited and an alternate may be selected at that time. The specifics of all aforementioned elements of the prize shall be solely determined by Shults.

Conditions and restrictions may apply. All applicable taxes (including, but not limited to all local, state and federal taxes) on all respective prizes awarded, upgrades and any other expenses(s) not specifically identified in these Official Contest Rules as included in a prize are the sole responsibility of the winner. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable or exchangeable for any other prize, except in Shults' sole discretion. All prizes must be redeemed within 30 days of the Contest end date unless otherwise stated in the Contest's Official Contest Rules or upon notification, or unless required as in date specific prizes. If the winner is not available to redeem the prize within 30 days of the Contest end, winner will be disqualified and Shults reserves the right to choose an alternative prize winner. Winner must present state authorized identification prior to being awarded the prize and a valid drivers license. Winner must also present proof of auto liability insurance coverage in at least the minimum amount required by New York State law. Winner may be required to present a copy of a valid social security card, proof of insurance, and valid identification as a condition of participating or receiving any prize. Winner shall be required to complete and sign and IRS Form W-9. Winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If a winner cannot be contacted or is disqualified for any reason, Shults reserves the right to determine an alternate winner or not to award that winner's prize, in its sole discretion. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITAION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

3. Eligibility and Limitations Unless otherwise stated herein above, participants and winner(s) must: (i) be legal residents of the 50 United States and the District of Columbia (ii) be at least 18 years of age, or the age of majority in their state of residence, whichever is older as of the time of entry; (iii) have a valid drivers license from one of the 50 United States or District of Columbia at the time the prize is redeemed and (iv) submit a fully completed Contest entry form in person at Shults' 2258 Washington Street, Jamestown, N.Y. 14701 location on or before June 9, 2017 at 6:00 P.M. ET. In the event a participant must be at least 18 years old but are not the age of majority in their state of residence, then whichever is older shall determine the minimum age requirement for eligibility of the Entrant, when applicable. Unless otherwise stated herein, only one (1) entry per individual per day. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence, the potential prize winner's parent or guardian, may (in Shults' sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within forty eight (48) hours after the June 10, 2017 drawing in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prizewinner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. If Entrant has not reached the age of majority in his/her primary state of residence at the time of entry, then Entrant must obtain parental consent in order to be eligible to enter the Contest. Parental Consent occurs when the parent or legal guardian of a minor Entrant who has not reached the age of legal majority in their residing state, grants permission for the minor Entrant to participate and agrees on behalf of himself/herself and the minor Entrant to these Official Contest Rules. Not withstanding the determined age requirement set forth above, it is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the Contest. Shults, and each of their respective employees, shareholders, directors, officers, members, successors or agents of Shults, the Contest's participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate or win. The term "immediate family" includes spouses, parents, and children of such person and any other persons residing at the same household whether or not related.

4. Tampering and Delivery Disclaimer. Shults, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who Shults determines (in its sole discretion) is or is attempting to: (i) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices; (ii) intending to annoy, abuse, threaten or harass any other participants or Shults' agents; and/or (iii) otherwise violating these Official Contest Rules. Any entry forms in a register-to-win contest must be handwritten or typed. Photocopies or mechanical reproductions of any entry forms are not permitted.

5. Publicity: Use of Personal Information. Shults will retain the Entrant's personal data for a reasonable period of time to enable it to send that Entrant any prize that they have won and to verify that these Official Contest Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. By participating, where allowed by law, all winner(s) grant Shults exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that Shults may use such information for marketing purposes, and may include the names of winners in a publicity available winners' list.

6. Releases and Conditions. As a condition of participating in the Contest, participants agree and acknowledge that in order to receive a prize, participants must sign an official waiver form provided by Shults and agree to the terms therein, including but not limited to the prize conditions in this paragraph. The prize is subject to certain terms and conditions as specified herein. By participating in this Contest, each participant and winner waives any and all claims of liability against Shults, its employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in the Contest, or from the award, receipt and/or use or misuse of any prize. By accepting the prize, the prize winner ("Prize Winner" or "winner") must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that (i) all decisions of Shults and Contest Entities with respect to the Contest are final and binding; (ii) to release Shults and each of their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow Shults to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this Contest, without additional financial or other compensation, and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Contest Entities are not responsible or liable to any Entrant or Prize Winner or any person claiming through such Entrant or Prize Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities' sole control. All taxes, related fees, other costs and expenses related to prize acceptance and use are the sole responsibility of Prize Winner. Shults does not make, and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, or fitness for a particular purpose. Shults will have no further obligation to the winner.

7. Limitations of Liability. Shults is not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines; (3) unauthorized human intervention in any part of the entry process or operation of the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be cause, directly or indirectly, in whole or in part, from Entrant's participation in the Contest or receipt or use of misuse of any prize. Shults is not responsible for technical hardware or software failure or malfunctions, lost or unavailable network or other telecommunications connections, or lost, late, damaged, illegible, inaccurate, incomplete, garbled, disconnected, or delayed contest entries or communications, whether caused by the sender or by any of the equipment or programming associated with or used in this contest, or by any human error which may occur in the execution of this Contest. If, for any reason, the Contest is not capable of being conducted as planned, Shults reserves the right at its sole discretion to cancel terminate, modify or suspend the Contest and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s).

8. Taxes. The value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules, regardless of whether prize is used in whole or in part. Each winner must provide Shults with valid identification and a valid taxpayer identification number or social security number and a completed and signed IRS Form W-9 before any prize will be awarded. Any person winning over $600.00 in prizes from Shults will receive an IRS Form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

9. Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Shults. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Shults will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules of the Contest and Shults' decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Shults, Shults reserves the right to terminate this Contest, or make such other decisions regarding the outcome as Shults deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each Entrant's sole and exclusive remedy under such circumstances. All decisions will be made by Shults and are final. Any reference in these Official Rules or as part of the Contest to Shults' "discretion" and/or any exercise of discretion by the Company shall mean in Shults' "sole and unfettered discretion." Any attempt by an Entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, Shults reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. Shults further reserves the right to (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the Contest if, in the sole discretion of Shults, it is impossible or impractical to complete the Contest as planned for any reason; (iii) alter or amend these Official Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be publicized when practical. Shults' failure to enforce any term of these Official Contest Rules shall not constitute a waiver of this provision, if due to circumstances beyond the control of Shults, any segment of the Contest is delayed, rescheduled, postponed or cancelled, Shults reserves the right, but not the obligation, to modify, suspend or cancel the Contest and shall not be required to award a substitute prize.

10. Miscellaneous. Void outside the United States and wherever prohibited or restricted by law. Shults reserves the right to determine eligibility should special circumstances arise. All decisions are considered final and binding. These rules are designed to be fair and equal to all participants. Odds of winning depend upon the number of eligible entries received during the Contest Period. Each winner must submit proof of eligibility and sign Shults' release form to claim the prize. Shults may substitute prizes, amend the rules, or discontinue the Contest at any time. Shults disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of Shults during normal business hours. As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim for punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of pocket costs incurred, excluding attorneys' fees and court costs. Participation in the Contest constitutes Entrant's full and unconditional agreement to, and acceptance of these Official Contest Rules. Winning a prize is contingent upon Entrant's fulfillment of all requirements set forth herein.

11. Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Shults shall follow the applicable laws for conducting contests, including notice to the State of New York, posting of a prize bond or cash deposit, furnishing lists of winners, providing specific written information about the Contest, etc., as required by applicable local and state law. 

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