TOBY KEITH ‘SHOULD’VE BEEN A COWBOY’ SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
SWEEPSTAKES DESCRIPTION: The Toby Keith ‘Should’ve Been A Cowboy’ Sweepstakes (“Sweepstakes”) begins at 1:00 PM Eastern Time (“ET”) on June 8, 2018 and ends at 11:59 PM ET on February 28, 2019 (“Sweepstakes Period”).
SPONSOR: Ford Motor Company, One American Road, Dearborn, MI 48126.
ADMINISTRATOR: Exposure Marketing & Promotion, Inc., 1000 North Opdyke Rd, Auburn Hills, MI 48326.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the Fifty (50) United States and District of Columbia (U.S.) who are at least twenty-one (21) years of age as of date of entry, with a valid driver’s license. A person who satisfies this criteria and enters the Sweepstakes shall be an “Entrant”. Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Ford Motor Company (“Sponsor”), GTB Agency, LLC, Exposure Marketing & Promotion, Inc. (“Administrator”), Live Nation, and their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (collectively the "Sweepstakes Entities") are not eligible. Sweepstakes is void in Puerto Rico, and other US Commonwealths, Territories, and jurisdictions (including overseas military installations) and where prohibited by law.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: There are two (2) ways to enter the Promotion –
- ONLINE – Beginning June 8, 2018 at 1:00 PM ET, visit www.tobykeith.com/ford (the “Website”) during the Promotion Period, complete the online registration form, and submit as directed (“Web Entry”). ENTRIES MUST BE SUBMITTED BY 11:59 PM ET on February 28, 2019.
- DEPOSIT ENTRY FORM – Complete an official entry form, available while supplies last at the Promotion display at select Ford Events during the posted Hours of Operation during the Promotion Period, and deposit as directed (“Event Entry”). ALL EVENT ENTRIES MUST BE RECEIVED BY THE POSTED CLOSING TIME OF THE EVENT.
LIMIT: ONE (1) ENTRY PER PERSON OR EMAIL ADDRESS, REGARDLESS OF THE METHOD OF ENTRY. For the avoidance of doubt, if you enter online you may not enter via a deposit form at a Ford Event; and, if you enter via a deposit form at a Ford Event, you may not enter online. In the event more than one (1) Entry for the Sweepstakes Period is received from any one person or email address, the first Entry processed will be considered the only valid Entry received. In the event of a dispute, Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder. No mechanical reproductions of entry forms permitted. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different identities, registrations or any other methods will void that entrant's Entries and that entrant may be disqualified. Sponsor and Administrator are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. Sponsor will not accept submissions from wireless domains, blacklist domains, or any email address Sponsor deems to be potentially harmful to the Website. Use of any automated system to participate is prohibited and will result in disqualification.
WINNER SELECTION AND VERIFICATION: One (1) potential Grand Prize Winner will be selected in a random drawing conducted on or about March 11, 2019 from among all eligible Entries received. Potential winner will be contacted by Administrator by telephone or email and will be required to complete an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release form (“Affidavit/Release”) and return by email or facsimile within five (5) days from the date of receipt. If the potential winner cannot be contacted, fails to execute and return the Affidavit/Release within five (5) days, or if he/she is otherwise ineligible to receive the prize, that potential winner will be deemed ineligible. An alternate may be selected in his/her place and Administrator will attempt to contact and obtain the required Affidavit/Release from that potential winner. Potential winner and guest may be subject to a background investigation at Sponsor’s discretion; potential winner and guest agree to fully cooperate in the conduct of the background investigation and to be bound by the results of same. Sponsor reserves the right to disqualify potential winner and guest based on the basis of their review of the results of the background check or any other personal background information. Should Sponsor disqualify winner or guest based on the background check, Sponsor and Sweepstakes Entities will not have any liability of any kind. The odds of winning depend on the number of eligible Entries received. Prize drawing will be conducted by Administrator, an independent judging organization.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Winner’s choice of a 2019 Ford Truck (having a Manufacturer Suggested Retail Price (the “MSRP”) of up to $50,000) and an exclusive trip for winner and one (1) guest to Las Vegas, NV in April of 2019 as determined by Sponsor. (ARV $4,000). Trip consists of round-trip, coach air travel for two (2) to Las Vegas, NV, four (4) days/three (3) night’s hotel accommodations (double occupancy), transportation to and from the airport to hotel, and a $1,000 gift card. Total ARV of Grand Prize is $54,000. Should actual total value of Prize be less than $54,000, winner will not receive difference in cash.
PRIZE RESTRICTIONS: Trip Prize: For the avoidance of doubt, Sponsor – not the winner – will control all aspects of the trip (as between the winner and Sponsor). Sponsor is not responsible for any cancellation or postponement of trip for any reason beyond the Sponsor’s control. In the event that Toby Keith is unavailable for a Meet and Greet, for any reason, that portion of the prize will be forfeited and no additional compensation will be provided. If Prize winner resides within 250 miles of Las Vegas, NV, Sponsor reserves the right to provide ground transportation in lieu of air transportation for winner and guest. All other expenses not described above (including but not limited to taxes, fees or meals, gratuities, insurance, personal and hotel incidentals, transfers and additional ground transportation) are sole responsibility of winner. Winner and guest must travel together on the same itinerary and must travel on dates specified by Sponsor or prize will be forfeited. Travel guest must be at least 21 years of age and will be required to complete an Affidavit/Release, unless he/she is the child of the Prize winner, in which case the Release must be ratified and signed by minor’s parent or legal guardian. Travel subject to availability, blackout dates and other restrictions. Once travel documents are issued, neither travel arrangements nor guest may be changed without the express approval of Sponsor, which may be withheld for any reason whatsoever. Gift Card is subject to terms and conditions of the gift card issuer. Additional restrictions may apply. Actual value of Prize may vary due to airfare fluctuations and departure location. Any difference between stated ARV and actual value will not be awarded. Sponsor shall not be responsible for any cancellation, delay, diversion or substitution, or any act or omission whatsoever by the air carriers, hotel or other transportation companies or any other person providing any of these services and accommodations, including but not limited to any change in services or accommodations necessitated by same. Vehicle Prize - Winner will be responsible for sales tax, registration, license, title and insurance fees and cost of any available optional equipment not provided with vehicle. Winner must a have valid U.S. driver’s license and proof of valid and current insurance to take delivery. Specifics of the vehicle delivery, including but not limited to the date and time as well as dealer near winner’s residence, will be determined by Sponsor. Specialty vehicle enhancements/design upgrades may not be covered by standard limited warranty provided by Sponsor in regard to the Prize Vehicle (copy of warranty available at Ford dealers). Prize Vehicle or any part thereof may differ from any prize shown in promotional materials and may not be transferred or assigned. All Prizes: Prize must be accepted in its entirety or not at all. Prize is not transferable. 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. Winner will be responsible for all taxes (not limited to federal, state, local and/or income) on all elements of the prize and will be required to provide, to Administrator, his/her Social Security number for tax reporting purposes. WI residents will not be responsible for sales tax on the vehicle prize. Administrator will file an IRS Form 1099 with the Internal Revenue Service for the value of prize. All expenses and costs related to acceptance and use of prize not expressly listed above are entirely the winner’s responsibility.
GENERAL CONDITIONS / RELEASE: By participating, Entrants agree to (a) release Sweepstakes 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 without limitation bodily injury or death or the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; (b) except where prohibited by law, consent to the use by Sponsor and its designees (including Live Nation and Toby Keith) of winner’s name, hometown, likeness, statements and other personally identifiable information for promotion, advertising and marketing purposes in any media throughout the world without additional consideration and consent or prior review, and upon request will provide written consent to such use; and (c) 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 except for Sponsor and the limited warranty provided with the Grand Prize vehicle. Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry 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, website, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE SITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes 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 Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Administrator and/or Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.tobykeith.com/ford and determination of the prize winner will be made, from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Administrator and/or Sponsor determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
GOVERNING LAW/JURISDICTIONS/DISPUTE RESOLUTION: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes 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. SOME JURISDICTIONS 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 obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Michigan.
ENTRANTS PERSONAL INFORMATION: Personal information collected from Entrants is subject to Ford Motor Company’s Privacy Statement located at https://ogc.spt.ford.com/sites/fordlegal/Pages/CorporatePrivacy.aspx. By entering the Sweepstakes, you expressly agree to the terms of the Privacy Statement.
WINNERS: To receive Sweepstakes results (winner list), go to www.promodetails.com and enter the code “ShouldveBeenaCowboySweeps”. Requests will be available after April 1, 2019.
© 2018 Exposure Marketing & Promotion, Inc.