DESCRIPTION: The Win With A Cobra Sweepstakes (”Sweepstakes”) begins at 12:00 AM Pacific Coast Time (“PST”) on 12/31/2012 at 2 pm and ends at 1:00 PM PST on 01/01/2014 (“Sweepstakes Period”). ADMINISTRATOR: Win With A Cobra Carmel-By-The-Sea CA 93921.
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and District of Columbia (“U.S.”), Residents of Canada, Europeans, Australians, 18 years of age or older with a valid driver’s license at the time of entry (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Shelby American, Inc., Win With A Cobra. (“Administrator”) and their respective parent companies, subsidiaries and affiliates, distributors, dealerships 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. For the avoidance of doubt, the Sweepstakes Entities, with the exception of Shelby American, are not Sponsors of this Sweepstakes.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each participant 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER THE SWEEPSTAKES: Complete an official entry form, available while supplies last, at the Win With A Cobra Sweepstakes display (“Display”) at select locations along the Win With A Cobra Tour during the Sweepstakes Period (“Event Entry”).
SWEEPSTAKES WINNER SELECTION: The potential Sweepstakes Grand Prize winner will be selected in a random drawing conducted on 1/1/14 from among all eligible Entries received. Odds of winning Grand Prize depends on the number of eligible Entries received. Sweepstakes drawing will be conducted by Administrator, an independent judging organization. Potential Grand Prize winner will be contacted by the Administrator by telephone and email and will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within seven days of receipt. If the prize notification is rejected, returned, or deemed undeliverable or the potential winner fails to execute and return the Affidavit/Release within the specified time or if he/she is otherwise ineligible to receive the prize, that potential winner will be deemed ineligible and the prize will be forfeited or awarded to an alternate as solely determined by Sponsor. Grand Prize winner 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 prize. In the event that the potential Grand Prize winner is disqualified for any reason, that prize will be forfeited and awarded to an alternate.
ONE (1) GRAND PRIZE / APPROXIMATE RETAIL VALUE (ARV): A 1965 Shelby Cobra produced by Shelby American Inc in Las Vegas, Nevada (ARV $149,999) or $149,999 in the form of a Cash payout. Vehicle awarded is CSX 4948, Wimbolden White Shelby Cobra with Guardsman Blue Stripes and equipped with a Ford FE Engine from the 1960′s. Cash pay out of $100,000 if the winner does not wish to take the car.
PRIZE RESTRICTIONS: Winner is responsible for vehicle registration, license, title and insurance fees and for all costs associated with any available upgrade/option packages and any other expenses related to the acceptance and use of the prize not specified herein. Winner must take delivery of vehicle within 30 days of notice of availability from Gregory Motorsports, subject to Sponsor’s approval. Winner must a have valid U.S. driver’s license and proof of insurance to take delivery. 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. Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income). Except where prohibited by law, acceptance of prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request, winner will provide written consent to such use.
GENERAL CONDITIONS / RELEASE: By participating, Entrants 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 the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; and (b) 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, computer equipment, software, inability to access any online service or Website, 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 Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, 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. Sponsor’s 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 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 the Display and the determination of the Grand 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 determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
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 Sweepstakes or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Sacramento Area(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, California state laws, 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 State of California.
Drawing Date of January 1, 2014 at 1:00 pm to take place Rain or Shine. Deadline to be 12:00 pm on January 1, 2014 to be in 2013 Win With A Cobra Sweepstakes. Any drawing ticket or tickets that are not in by 12:00 am day of drawing, to be entered into new Win With A Cobra Sweepstakes or a Full Refund of ticket purchase price upon Request.