1. SWEEPSTAKES DESCRIPTION: The Win the Car That You Are Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM (Eastern Daylight Time) on Wednesday, March 23, 2011 and ends on Friday, November 11, 2011 at 11:11:11 PM (Eastern Standard Time) (the “Entry Period”). The sponsor of this Sweepstakes is ChaCha Search, Inc. (the “Sponsor”). The Sweepstakes shall be subject to these official rules (the “Rules”), and by entering, all participants agree to be bound by the terms and conditions herein and by all decisions of the Sponsor which are final and legally binding in all matters relating to this Sweepstakes. In the event that there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (including, without limitation, advertisements) and these Rules, the terms in these Rules shall prevail, govern and control.
2. ELIGIBILITY: Only legal residents of the United States (excluding its territories and possessions and residents of Florida and New York) and the District of Columbia at least 18 years of age at the time of entry are eligible to enter the Sweepstakes. The officers, directors, assigns, licensees, and employees of the Sponsor, its parents, affiliates, subsidiaries and successor companies, other sponsors of the Sweepstakes, if any, participating advertisers, contractors and agents of the Sponsor or any entity involved in the development, production, implementation and distribution of the Sweepstakes, including suppliers of Prizes for the Sweepstakes and immediate family members and those living in the same household of any of the above are prohibited from participating in the Sweepstakes. “Immediate family members” include spouse, siblings, parents, children, grandparents and grandchildren, whether “in-laws,” or by current or past marriage, remarriage, adoption, or co-habitation. Sponsor reserves the right to conduct a background check on any potential Grand Prize (prize won by the Grand Prize Winner as defined below) or Referral Prize (prize won by the Referrer as defined below) (collectively, the “Prize(s)”) winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the Prizes to such potential Prize winner might reflect negatively on Sponsor. Sponsor’s decisions with respect to the Prize winners and other matters pertaining to the Sweepstakes shall be final and binding and are subject to change and may be updated during the Sweepstakes as determined by Sponsor. All federal, state and local laws, rules and regulations apply. Void where prohibited or restricted by law.
3. HOW TO ENTER: Eligible participants will be entered in the Sweepstakes when such participants visit and register at designated web pages on Sponsor’s website at www.chacha.com (the “Website”) during the Entry Period and follow the on-screen instructions and the instructions in these Rules to submit an entry. Eligible participants may enter the Sweepstakes in any of the following ways:
(i) visit the Website via an advertisement or otherwise, excluding via a referral link (as defined below) and take the “What Kind of Car Are You?” quiz (the “Quiz”) and obtain one (1) entry for the completed Quiz submitted through the Website including entry of information that may be used to contact the participant (the “Website Entry”); or
(ii) click on a Referral Link (as defined below), provided by an eligible participant who previously successfully submitted a Website Entry, and take the Quiz and obtain one (1) entry for the completed Quiz submitted through the Website including entry of information that may be used to contact the participant (the “Referral Link Entry”); or
(iii) post, refer or otherwise provide, EXCEPT VIA EMAIL, the website link (the “Referral Link”) provided, upon completion of the Quiz. The Referral Link includes a unique identifier associated with a participant completing a Website Entry, (the “Referrer”). The Referrer may obtain one (1) additional entry for each eligible participant (a “Referree”) who successfully completes the Quiz and successfully registers with the Website, via the Referral Link (the “Share Entry”).
Limit One (1) Website Entry and one (1) Referral Entry per person per day. Only one (1) Website Entry or one (1) Referral Link Entry per person per day may qualify to win during the Sweepstakes Entry Period. Additional and unlimited Entries may be obtained by Referrer through each unique Referree who successfully completes a Quiz via the Referral Link, qualifying in one or more qualified Share Entries during the Sweepstakes Entry Period. Qualified Share Entries may increase a participant’s odds of winning the Grand Prize. All Entries must be submitted by, and in the name of one individual person. In the event of a dispute as to any entry, the authorized account holder of the information used to enter the Sweepstakes and provided to contact the participant will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a communication service account by an Internet service provider, online service provider or other organization responsible for assigning login identifiers for the communication service. Proof that a Quiz was submitted does not constitute evidence that Sponsor actually received the Quiz within the Sweepstakes Entry Period. By entering this Sweepstakes, entrants affirm that they have read and accepted these Rules and the Website policies incorporated herein.
4. PRIZES: One (1) grand prize winner (the “Grand Prize Winner”) will be chosen at random. In addition, one (1) referral prize may be awarded (the “Referral Prize”). The Referral Prize will only be awarded if the Grand Prize Winner was a qualified Referree; that is, he/she entered the Sweepstakes directly via the Referral Link Entry method. In such case, the Referrer for that Referree will be selected as the potential winner of the Referral Prize. Only the first eligible Referrer of a Grand Prize Winner/Referree may be qualified to win (the “Referral Prize Winner”). If the Grand Prize Winner did not enter the Sweepstakes via the Referral Link Entry method, no Referral Prize shall be awarded.
The Grand Prize Winner and, separately, the Referral Prize Winner (if any), will each receive one (1) of the following possible Prizes:
New 2012 Ford Mustang Convertible ($31,000.00 USD ARV);
New 2012 Ford F150 XLT Pickup Truck ($29,000.00 USD ARV);
New 2012 Jeep Wrangler, 4-door ($31,000.00 USD ARV);
New 2012 VW Beetle ($23,000.00 USD ARV); or
New 2012 Honda Odyssey ($31,000.00 USD ARV).
Limit one (1) Prize per person. The Grand Prize and Referral Prize vehicle will be determined solely by the result of their last completed Quiz. The Quiz result is the name of the vehicle that is revealed upon completion of the last and final Quiz taken by participant (the “Quiz Result”). Winner will have the opportunity to select Sponsor-approved, non-standard accessories and options, which will be added to the Prize prior to delivery and subject to availability from a delivering dealer (the “Delivering Dealer”) selected by Sponsor at its sole discretion. Sponsor-approved, non-standard accessories and options shall not exceed the pre-determined allowance of three thousand dollars ($3,000 USD), which is included in the ARV for each Prize set forth above. Sponsor reserves the right, in its sole discretion, to determine features of the vehicle including, but not limited to, the color of the exterior and the color of the interior. All other additional features or upgrades will be allowed only if permitted by the Delivering Dealer, approved by Sponsor, in its sole discretion, and paid for solely by the Prize winner. All costs associated with participation in this Sweepstakes and/or claiming a Prize not expressly described in these Official Rules as included with the Prize shall be the sole responsibility of the Winner(s).
Winner must be a licensed driver and will be required to provide proof of insurance at the time of winner verification and delivery. Winner is responsible for title, license, registration, dealer preparation costs, automobile insurance and all other fees and costs associated with the Prize. At time of award of the Grand Prize and the Referral Prize, the respective winners will assume full ownership and responsibility for the Prize and may be required to sign various documents involving the Prize.
EACH PRIZE IS AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS SWEEPSTAKES AND ANY PRIZE.
No transfer or substitution of Prizes (or any portion thereof) or cash alternative is permitted, except as provided herein. Sponsor reserves the right to substitute a Prize of equal or greater value in the event the advertised Prize, or Prize associated with the Winner’s Quiz Result, is unavailable. The Grand Prize and Referral Prize Winners are solely responsible for all federal, state and/or local taxes, if any, related to the Grand Prize or Referral Prize receipt and/or use. The Grand Prize and Referral Prize Winners may be issued IRS Forms 1099 for the value of the Grand Prize or Referral Prize.
Ford Motor Company, Chrysler Group LLC/Jeep, Volkswagen of America, Inc., and American Honda Motor Co., Inc. (including their respective affiliated companies/brands) are not sponsors or otherwise affiliated with this Sweepstakes.
5. WINNER SELECTION AND NOTIFICATION: A potential Grand Prize Winner and, if applicable, Referral Prize winner will be selected on or about November 18, 2011. Prize notification will be completed on or before November 30, 2011. At Sponsor’s sole discretion, potential Prize winners will be notified via contact information provided by participant at the time of entry. Winner(s) must provide positive identification in the form specified by Sponsor to claim a Prize. Winner(s) will be required to execute and return an Affidavit of Eligibility & Publicity/Liability release (the “Release”), as required by the Sponsor. Failure to sign and return all required forms to the Sponsor within the required time or to comply with any other provisions of these Rules may result in the Prize winner being immediately disqualified and an alternate winner selected. If any winner notification remains unanswered for more than seventy-two (72) hours, the Prize will be automatically forfeited in its entirety and an alternate winner will be selected. The Prizes will be fulfilled within eight to ten (8-10) weeks after eligibility confirmation.
6. PUBLICITY, MARKETING & USE OF DATA: Any information collected from the winners and entrants shall be used only in a manner consistent with the Sponsor’s Terms of Use & Privacy Policy (both located at www.chacha.com), and these Official Rules. Acceptance of any Prize constitutes permission to the Sponsor to use Winners’ name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, without further compensation or notice, unless prohibited by law. Submission of contact and/or registration information in connection with this Sweepstakes (whether or not required), including mailing address, phone number, and email address during entry constitutes permission for Sponsor to add entrant to Sponsor’s customer database and to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).
7. GENERAL RULES AND LIMITATION OF LIABILITY: By submitting an entry, entrants agree that their consent binds them to the Official Rules of the Sweepstakes contained herein. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or any other unfair practices of intending to annoy, abuse, threaten, undermine or harass any other entrants or Sponsor representatives.
8. RELEASE & INDEMNIFICATION: By participating, entrants hereby agree to release and hold harmless Sponsor, its parents, affiliates, subsidiaries, each of their respective directors, officers, shareholders, employees, agents, and advertising and promotional agencies (collectively the “Releasees”) from and against any and all liability for claims, costs, injuries, losses or damages of any kind, (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) which may occur in connection with use of the Website (including but not limited to damage to entrants’ or others’ computer equipment resulting from participation), their preparation for or participation in the Sweepstakes, or from their acceptance, participation in, possession or use/misuse of any Prize they may be awarded.
9. ENTRY ERRORS/TAMPERING: The Sponsor and any and all access provider(s), and each of their respective parents, affiliates, and subsidiaries, and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any wireless network, computer systems, servers, providers, cell towers or software relating or resulting from participation in the Sweepstakes; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to wireless networks, computer or electronic malfunction or traffic congestion on wireless networks or for any reason whatsoever; printing or other errors; or any combination thereof. In addition, Sponsor is not responsible for: inability to access the Website, transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at the Website or for any reason whatsoever; printing or other errors, including human errors; or any combination thereof. All entries become property of Sponsor and will not be returned or acknowledged. False, fraudulent or deceptive entries or acts shall render entrants ineligible. Sponsor reserves the right to modify, cancel or suspend the Sweepstakes if viruses, bugs, or other causes corrupt the security of the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who votes using any automatic or programmed method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. If a winner is determined to be involved in such prohibited activity, they will be disqualified and will not be eligible to participate further or to receive a Prize in this Sweepstakes.
10. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the appropriate federal, state and local courts located in Indiana for any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded. Except as prohibited by applicable law and as a condition of participating in this Sweepstakes, each entrant hereby irrevocably and perpetually waives any right to have a trial by jury with respect to any litigation directly or indirectly arising out of, under or in connection with this Sweepstakes, any document or agreement entered into in connection herewith, any Prize available in connection herewith, and any of the transactions contemplated hereby or thereby.
11. WINNERS LIST: To obtain a list of Winners (available on or about November 30, 2011) or a copy of the Official Rules, send a request including a self-addressed, stamped envelope (residents of Vermont may omit return postage) to ChaCha Search Inc., Attn: Marketing, 14550 Clay Terrace Blvd., Suite 130, Carmel, Indiana 46032. Requests must be received by May 31, 2012. Winner’s name may be announced via the Website on or about November 30, 2011.
12. SPONSOR: ChaCha Search Inc., 14550 Clay Terrace Blvd., Suite 130, Carmel, Indiana 46032.
