Ford “More Good Days Tour” APPLICATION PROGRAM

TERMS AND CONDITIONS

These terms and conditions (“Terms and Conditions”) contain important information regarding the Ford “More Good Days Tour” Application Program (the “Program”) conducted by Ford Motor Company (“Ford”). Please read these Terms and Conditions carefully. By submitting an application in the Program, you represent that you have read, understand and agree to be bound by these Terms and Conditions and that you will comply with all of the requirements set forth in these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT SUBMIT AN APPLICATION.  

  1. THE PROGRAM: Ford is conducting the Program to provide “Good Day” Experiences (as defined below) to those connected to a breast cancer diagnosis. The Program will be operated, and Experiences (as defined below) provided, separately in six metropolitan areas within the United States (each a “Participating Area”), as described below. Because Ford anticipates that there will be more applicants than there are available Experiences, Ford is implementing an application process in order to select individuals who will participate in the Experiences in each Participating Area. These Terms and Conditions will apply to each Participating Area’s Program, but participants will be selected separately for each Participating Area and each Participating Area’s Program will be run separately. The Program is not a lottery, sweepstakes, contest, game, commercial competition, prize competition or promotion.
  2. ELIGIBILITY: The Program is open only to women who are legal U.S. residents residing in a Participating Area, are eighteen (18) years of age or older and are in treatment following a medical diagnosis of breast cancer. Employees, representatives, agents, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Ford, GTB Agency, LCC, Match MG, Exposure Marketing & Promotion, Inc. (“Administrator”), and their respective parent companies, subsidiaries and affiliates and companies involved in the implementation and execution of the Promotion, including prize suppliers, and/or Ford Motor Company’s Warriors In Pink program (collectively the “Program Entities”) are not eligible. The Program is void where prohibited.
  3. PARTICIPATING AREAS:

    The six Participating Areas are identified in the table below. Each Participating Area consists of the corresponding counties identified in the table below.

    Participating Area

    Participating Counties

    Application Start Date (on or around)

    Application End Date (on or around)

    Atlanta

    GA Counties:  Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Haralson, Heard, Henry, Jasper, Lamar, Meriwether, Morgan, Newton, Paulding, Pickens, Pike, Rockdale, Spalding, Walton.

    07/21/2017

    10/06/2017

    Chicago

    IL Counties: Cook, DeKalb, DuPage, Grundy, Kane, Kendall, Lake, McHenry, Will.

     

    IN Counties: Jasper, Lake, Newton, Porter; WI County: Kenosha.

    06/30/2017

    09/15/2017

    Denver

    CO counties:  Adams; Arapahoe; Broomfield; Clear Creek; Denver; Douglas; Elbert; Gilpin; Jefferson; Park, Summit.

    05/26/2017

    07/14/2017

    Miami

    FL Counties: Broward, Miami-Dade, Palm Beach.

    6/7/2017

    08/04/2017

    New York City

    NJ Counties:  Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union.

     

    NY Counties:  Bronx, Dutchess, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester.

     

    PA County: Pike.

    08/11/2017

    10/27/2017

    Seattle

    WA Counties: Island, King, Kitsap, Mason, Pierce, Skagit, Snohomish, Thurston.

    06/09/2017

    08/25/2017

    To participate in a given Participating Area’s Program, you must reside in one of the counties identified above that is part of that Participating Area (as well as satisfying the other eligibility requirements). For example, if you live in Rockville Centre, New York, you may enter the New York City Program (if otherwise eligible), but not any other Participating Area’s Program; but, if you live in San Diego, California; or Houston, Texas; you do not live in a Participating Area and therefore are NOT eligible for any Program.
  1. HOW TO APPLY: Ford will accept Program applications at https://ford.exposuremarketing.com/more-good-days-tour/ beginning on May 26, 2017 at approximately 12 PM EST. The period through which Ford will accept applications (the “Application Period”) will continue through approximately 11 PM EST on October 27, 2017 for the Experiences, however, for each individual Participating Area, applications will be accepted during the dates specified in the chart in Section 3 above. Submission of an application will require the applicant to provide the applicant’s name, address, telephone number and email address and such other information as Ford may require in the application. Each applicant will also be required to answer one or more questions concerning the applicant and her journey with breast cancer, as well as why a specific Experience is meaningful to her personally. To be considered, the application must be complete and all required information submitted by no later than the applicable end of the Application Period.  Application times will be determined by Ford. Each applicant must answer all questions and provide all requested information truthfully, accurately and completely. All information provided in the application must be accurate.  Additionally, each applicant must also expressly acknowledge and agree to these Terms and Conditions and Ford’s Privacy Statement (as defined below).
  2. Application Restrictions: A given person may only submit one (1) application, and each application may include a maximum of three (3) Experiences in total. If you wish to apply for more than one (1) Experience, the statement in your application should specifically address why you want to win that particular Experience; do NOT submit the same exact statement with respect to more than one (1) Experience. Each person may apply for any particular Experience only once. Should a person apply more than once for an Experience, only the first application for such Experience will be accepted. Ford/Administrator reserves the right to disqualify altogether persons who violate the entry limit.  Statements will be accepted only if included as part of an application; if submitted otherwise, the statement will not be reviewed. Once submitted, a statement cannot be modified or supplemented. Notwithstanding the foregoing, Ford and/or Administrator may request an applicant to substantiate the information included in her statement. If the applicant does not timely respond to such request or if, in the sole discretion of Ford and Administrator, materials provided by the applicant in response to such request do not serve to adequately substantiate the information included in her statement, the application will be declared void, with the applicant being declared ineligible for the Program. Without limiting the foregoing, should Ford and/or Administrator determine that the applicant sought to mislead or defraud Ford/Administrator in conjunction with Program participation, Ford/Administrator reserves the right to pursue all available legal remedies against the applicant (in addition to disqualification from the Program).
  3. Application Requirements: Applications must be truthful and Ford/Administrator reserves the right to verify information contained in the Submission. Applications must be the original work of the applicant. In applying for the Program, you understand and agree that your application will be reviewed by Ford, Ford’s agents, and Administrator, and may be shared with third parties. YOU THEREFORE EXPRESSLY WAIVE ANY PRIVACY PROTECTIONS UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILTY ACT OF 1996 OR UNDER ANY OTHER U.S. FEDERAL OR STATE LAW, TO THE FULLEST EXTENT POSSIBLE.  DO NOT APPLY IF YOU ARE NOT COMFORTABLE WITH SHARING PRIVATE INFORMATION ABOUT YOURSELF AND/OR YOUR MEDICAL CONDITION.
  4. SELECTION PROCESS: The selected applicants (the “Selected Applicants”) will be determined by Ford (in its sole discretion), based on Ford’s evaluation of the information provided by the applicants through the Program. The Application Period overlaps with the Experience dates and Selected Applicants will be selected on a rolling basis. Consequently, as Selected Applicants are selected, Experiences will become unavailable. The selection of the Selected Applicants, and all other determinations in connection with the Program, will be made by Ford in its sole discretion based on both objective and subjective factors. The number of Selected Applicants will be determined by Ford in its sole discretion. Ford may not select the same number of Selected Applicants in each Participating Area.  During the course of Ford’s evaluation, Ford reserves the right to contact and interview applicants, and/or request additional materials in support of an application.  All decisions of Ford will be binding, and each applicant agrees to comply with all such decisions. Selected Applicants will not be determined in a random drawing or similar mechanism. All review and selection assessments and determinations will be strictly confidential, and Ford will not be obligated to disclose any information regarding the application and selection process for the Program, other than as otherwise set forth in these Terms and Conditions. In determining the Selected Applicants, Ford will not discriminate on any basis prohibited by applicable laws, which may include, age, race, ethnic origin, sex or gender, gender identity or gender expression, sexual orientation, citizenship, marital status, family status, civil status, birth, caste, wealth, religion, creed or beliefs, political beliefs, trade union convictions, language, current or future state of health, disability, physical or genetic characteristics, membership of the travelling community or social origin.
  5. NOTIFICATION AND VERIFICATION OF SELECTED APPLICANTS: Ford expects that Selected Applicants will be notified of their selection, using the e-mail information provided by the Selected Applicants in their applications, approximately two weeks prior to the applicable Experience. Ford will send up to 5 e-mails over a 120 hour period following selection to contact the potential Selected Applicant. If the potential Selected Applicant does not respond to Ford’s e-mail during the 120 hour period in which he/she is contacted (no phone calls will be made, nor will messages will be left on answering machines or voicemail systems), the potential Selected Applicant will be excluded, at Ford’s discretion. If Ford is successful in contacting the potential Selected Applicant, she must (a) within 5 days of being contacted by Ford, provide Ford with all requested information in order for Ford to prove eligibility, and (b) within 5 days of receipt of such documents from Ford, complete, sign and deliver to Ford any legal documentation furnished by Ford for purposes of verifying Selected Applicant’s eligibility and acceptance of these Terms and Conditions and the conditions of participation in the Program, which may include, without limitation, an affidavit of eligibility and release of Released Parties (as defined below). Participation in this program constitutes your agreement to provide, sign and/or timely deliver all such information and documents (as applicable).
  6. APPLICATION CONTENT: The application process will require each applicant to provide certain information and to answer certain questions. All information and material supplied or made available by any applicant in the Program (collectively, “Application Content”) must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or rights of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation. By submitting any Application Content, the applicant represents and warrants that the Application Content does not contain any such material.
  7. EXPERIENCES: Each Experience is an empowering, life-affirming, entertaining and educational activity.  By way of example only, sample activities could perhaps include a cooking class with a professional chef; photography class with a professional photographer; or water-skiing, karate or another athletic endeavor.** Approximate Retail Value depends on specific Experience, but ranges from $25 to $250.  If actual value of Experience is less than $250, winner will not receive the difference in cash or otherwise.  Limit: One (1) Experience per person. In all cases, Experiences will be offered by a third party which is independent of Sponsor. Experiences are subject to availability and other restrictions. If an Experience is offered only on a given day, a Selected Applicant must be available to participate in the Experience on that day; if a Selected Applicant is not available on that day for any reason, she must forfeit the Experience without compensation of any kind. Selected Applicants may not receive their first choice of Experience. Selected Applicants may be required to sign waivers/releases in addition to Affidavit/Release in order to participate in an Experience. An Experience is for the Selected Applicant herself alone; if a Selected Applicant wishes to have guest(s) accompany her to the Experience, and such Experience accommodates guests in the first place, she may do so provided that (a) the Selected Applicant provides all applicable guest information; (b) each guest is solely responsible for any and all expenses relative to participation in the Experience; (c) the Experience is appropriate for each guest as per the parameters for participation in such Experience; and (d) each guest signs a Liability Release and except where prohibited by law a Publicity Release, as well as any waivers/releases that the Experience supplier may require. All expenses and costs related to acceptance and use of an Experience not expressly listed above, including but not limited to, costs of travel to/from the location where an Experience is offered, taxes and gratuities, are entirely the Selected Applicant’s responsibility. Should a given Experience indicate that a certain celebrity/talent will participate or lead such Experience, such celebrity’s/talent’s participation is subject to his or her professional commitments and availability; and, should such celebrity/talent not be available for any reason, Sponsor’s sole liability shall be to award the Experience with a substitute for such celebrity/talent of similar expertise or quality (as determined by Sponsor and/or the Experience supplier in their sole discretion). FOR ATHLETIC ENDEAVORS, EACH SELECTED APPLICANT IS STRONGLY ADVISED TO CONSULT WITH HER PHYSICIAN AND/OR OTHER MEDICAL PROFESSIONAL PRIOR TO ENGAGING IN SUCH ACTIVITY, IN ADDITION TO TAKING ANY OTHER NECESSARY SAFETY PRECAUTIONS.  EACH SELECTED APPLICANT FURTHER ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ENGAGING IN ATHLETIC ACTIVITY, BEARING IN MIND THAT SUCH PARTICIPATION MAY EXPOSE WINNER TO SERIOUS INJURY (OR EVEN DEATH) OR PERHAPS COMPLICATE OR ADVERSELY AFFECT HER TREATMENT FOR BREAST CANCER.

    Experiences may not be transferred or assigned in whole or in part. Selected Applicants will be responsible for paying all applicable taxes on any Experience. Except where prohibited by law, acceptance of these Terms and Conditions constitutes Selected Applicant’s permission for Sponsor and its designees to use Selected Applicant’s name, hometown, likeness, statements, other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without prize, incentive, consideration, consent or review; and upon request, Selected Applicant will provide written consent to such use.

    **Experiences are more fully described on the Program Website at https://ford.exposuremarketing.com/more-good-days-tour/ and/or in advertising and promotional material in support of the Program. Such descriptions are made a part of these Terms and Conditions and incorporated herein by reference. In the event of any discrepancy between an Experience description on the Program Website (or in advertising/promotional material) and these Terms and Conditions, these Terms and Conditions shall prevail, govern and control in all respects with the sole exception of the description of a given Experience.
  1. RELEASE AND LIMITATION OF LIABILITY: By submitting an application in the Program, you release and agree to hold each of the Program Entities, all other companies involved in the development or operation of the Program, and the directors, officers, employees, agents and assigns of all of the foregoing (collectively, the “Released Parties”), harmless from and against any and all claims, damages and liability arising out of and/or related to your participation in the Program, the operation of the Program Website, and/or the promotion, offering or operation of the Program, including, without limitation, the creation of promotional content in connection with the Program. You assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Program. The Released Parties are not responsible for any typographical or other error in any communication relating to the Program or the administration of the Program.
  2. DISPUTES: By submitting an application in the Program, each applicant agrees that, to the maximum extent permitted by applicable law, (a) any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction.), (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and where permitted by applicable laws, the lesser of such amount and $1.00, including costs associated with submitting an application in the Program, but in no event attorneys' fees and (c) under no circumstances will any applicant be permitted to obtain any award for, and applicant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Except to the extent that applicable law requires otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the applicants and Ford in connection with the Program, shall be governed by, and construed in accordance with the laws of the State of Michigan in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal, invalid or unenforceable, then such term or condition will be eliminated and the remaining terms and conditions will remain in force and effect and shall be interpreted so as to give effect to the parties’ intentions as reflected in the eliminated term or condition to the extent possible. Any legal proceedings arising out of the Program or relating to these Terms and Conditions shall be instituted only in the courts located in Wayne County, Michigan, waiving any right to trial by jury. Each applicant consents to the exclusive jurisdiction of such courts with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Program and waives any objection that any such court is an improper or inconvenient forum. In the event of any conflict between these Terms and Conditions and any Program information provided elsewhere, these Terms and Conditions shall prevail. In some jurisdictions you might have legal rights that may not be waived or derogated by contract. Nothing in this terms and conditions limits legal rights that may not be waived or derogated by contract.
  3. APPLICANT'S PERSONAL INFORMATION: Personal Information collected from applicants is subject to Ford’s Privacy Statement located on the https://ford.exposuremarketing.com/more-good-days-tour/ website (the “Privacy Statement”).  By applying, you expressly agree to the terms of the Privacy Statement.
  4. GENERAL: Ford reserves the right to modify these Terms and Conditions or to modify, suspend or terminate the Program at any time in its sole discretion. Ford reserves the right to adjust any of the dates and/or times stated in these Terms and Conditions to the extent Ford deems such adjustment necessary as a result of any technical or other problem or because of any other circumstance that, in the opinion of Ford, affects the proper administration of the Program, or for any other reason, in Ford’s discretion and without prior notice. The Released Parties are not responsible for late or incomplete applications, incorrect or inaccurate capture of, damage to, or loss of applications or Application Content, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of applications or the administration of the Program. Ford reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Program any individual who, in Ford’s discretion, Ford determines or believes (a) has tampered with the application process, or has undermined the proper operation of the Program by engaging in hacking, deception or other unfair practices, (b) has engaged in conduct that annoys, abuses, threatens or harasses any other applicant or any representative of Ford or (c) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT BY AN APPLICANT TO DELIBERATELY UNDERMINE THE PROPER OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Ford reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a technical problem, applicant fraud or misconduct, or other cause beyond the control of Ford corrupt the administration, integrity, security or proper operation of the Program or if for any other reason Ford is not able to conduct the Program as planned (including without limitation in the event the operation of the Program is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity or any law, order or regulation or court order). Any rights obtained by an applicant in connection with the Program are not transferrable. By participating in the Program, applicants agree to be bound by these Terms and Conditions.
  5. CONDUCT OF PROGRAM: The Program is conducted by Ford Motor Company, World Headquarters, One American Road, Dearborn, MI 48126. If you have any questions or complaints regarding these Terms and Conditions and/or the Program, please contact custserv@emipromo.com.