#McGeeForUVM 2022-2023 Social Splash

Sweepstakes

Official Rules

By participating in the #McGeeForUVM 2022-2023 Social Splash Sweepstakes ("Promotion"), you agree to be bound by these Official Rules. Please read these Official Rules before entering the Promotion. Your failure to comply with these Official Rules may, in the sole discretion of Sponsor, result in your disqualification from the Promotion. You must meet the eligibility requirements and follow these Official Rules regarding participation in the Promotion. Sponsor reserves the right to suspend, modify, or terminate the Promotion at any time in its sole discretion.

Promotion Sponsors and Entities: 

1.      The "Sponsor" of the Promotion is collectively (A) Sean and Michael Montpelier FRD, LLC, a Vermont limited liability company doing business as McGee Ford of Montpelier, (B) Sean and Michael Barre CDJR, LLC, a Vermont limited liability company doing business as McGee Chrysler Jeep Dodge Ram of Barre, and (C) Sean and Michael Barre HY, LLC, a Vermont Limited Liability Company doing business as McGee Hyundai of Barre.

2.      The "Promotion Entities" consists of the Sponsor, Vermont Catamount Sports Properties, LLC, and the University of Vermont and State Agricultural College ("UVM").

Promotion: The Promotion consists of both (A) a grand prize to be awarded to the winning participant to be selected in a random drawing following the conclusion of the Promotion Period ("Grand Prize") and (B) individual prizes to be awarded to winning participants selected in random drawings to occur no more than once per week during the Promotion Period, which weekly drawings shall be listed on Sponsor's website at www.mcgeeforuvm.com ("Weekly Prizes"). 

The Promotion will be open for entries on (A) the @McGeeFordVT; @mcgeecdjrbarre; and @mcgeehyundai pages on Facebook, (B) via @mcgeefordvt; @cdjrbarre; and @mcgeehyundai on Instagram, (C) via @mcgeecarsVT on Tik-Tok; and (D) via the U.S. mail.  Facebook, Instagram, and Tik-Tok may be individually referred to in these Official Rules as a "Social Media Platform" or collectively as the Social Media Platforms. This Promotion is not sponsored, endorsed, or administered by Facebook, Instagram, or Tik-Tok.

            Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Promotion at any time and for any reason, including, but not limited to, should any portion of the Promotion be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, select the potential winner(s) from all eligible, non-suspect entries received for the Promotion prior to action taken or as otherwise deemed fair and appropriate by the Sponsor.

Promotion Period: The Promotion begins on October 3, 2022, at 12:00:00 A.M. Eastern Daylight Time and ends on February 22, 2023, at 11:59:59 P.M. Eastern Standard Time ("Promotion Period"). 

            Eligibility: The Promotion is only open to legal residents of the United States and Washington D.C. who are at least 18 years of age or older at time of entry. The owners, employees, officers, directors, and contract workers of the Promotion Entities (as well as their immediate family members, including their spouses, parents, children, or siblings) and the Promotion Entities' parent companies, affiliates, subsidiaries, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution, or distribution of the Promotion (collectively, "Promoters") are ineligible to participate in the Promotion. Your participation in the Promotion constitutes your full and unconditional agreement as to the terms and conditions set forth in these Official Rules and to the Sponsor's decisions, which are final and binding in all matters relating to the Promotion.  Your winning of a prize is contingent upon fulfilling all requirements set forth in and subject to the terms and conditions contained in these Official Rules. To be eligible to receive a prize, you must have a valid U.S. tax identification number and meet the eligibility requirements.  All prize claims are subject to verification of eligibility, game play, and compliance with the terms of these Official Rules. This Promotion is subject to all federal, state, and local laws and regulations, and is void where prohibited by law.

            How to Play/Enter: There are two ways for you to enter the Promotion:

1.      Social Media Platform: To enter the Promotion via a Social Media Platform, you must follow @McGeeFordVT; @mcgeecdjrbarre; @mcgeehyundai; @cdjrbarre; or @mcgeecarsVT on the applicable Social Media Platform, take a photo or video while wearing UVM gear, and post the photo or video on the Social Media Platform with the hashtag #McGeeforUVM.  There are no limits on how many times you can post to enter the Promotion. 

You must have an account on at least one of the Social Media Platforms in order to be able to enter the Promotion. Establishing an account on any Social Media Platform is free.  Please note that if your entry takes place on Facebook, you will not receive an entry into the Promotion for sharing any entry on another Facebook user's timeline or tagging any of your Facebook friends in the entry.  If your entry takes place on Instagram, your Instagram account must be set to "public" and you must follow @mcgeefordvt; @cdjrbarre; or @mcgeehyundai on Instagram to be eligible.  You can return your Instagram account to "private" and unfollow @mcgeefordvt; @cdjrbarre; and/or @mcgeehyundai any time after the announcement for the Promotion's winners following the conclusion of the Promotion Period.  All terms and conditions of each Social Media Platform apply, as applicable. You must take the actions required and/or must include the information requested by the Sponsor in order for your entry to be eligible.  Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. 

2.      By Mail: To enter the Promotion via the U.S. mail without participating on a Social Media Platform, you may send a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, with your name, address, daytime and evening telephone numbers, and email address postmarked by February 12, 2022, to: ATTN: UVM Contest - McGee Ford of Montpelier, 265 River Street, Montpelier, VT, 05602.  Only one entry per envelope/postcard and each envelope/postcard is considered one (1) entry into the Promotion. You can enter as often as you wish by mail, but each entry must be mailed separately. No copies, automated entries (including, but not limited to, entries made using any script, macro or sweepstakes service), facsimiles, or mechanical reproductions will be accepted.  Your entries will become property of the Sponsor and will not be acknowledged or returned. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.

Notwithstanding any other provision of these Official Rules, Sponsor may disqualify and deem ineligible for participation in the Promotion any person whose entry or hashtag submission is determined by Sponsor, in its sole discretion, to be unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, profane, obscene, or otherwise objectionable or violative of community standards of decency. In such event, Sponsor reserves the right, at its discretion, to disqualify and deem ineligible all entries or hashtag submissions from such person and/or to disqualify and deem ineligible just those entries or hashtag submissions that violate the foregoing standards.

            Selection of Winners: Winners of Weekly Prizes will be selected in random drawings held no more than weekly during the Promotion Period.  The winner of the Grand Prize will be selected in a random drawing held within approximately two (2) weeks following the end of the Promotion Period.  The odds of winning a prize will depend on the number of eligible entries received for the Promotion.  All eligible entries - even those previously selected for Weekly Prizes - will be included in the random drawing for the Grand Prize.  If you are selected as a winner at any of the drawings (whether a drawing for a Weekly Prize or the drawing for the Grand Prize), Sponsor will notify you by either direct message/comment from Sponsor on your winning social media post (on the applicable Social Media Platform that you used for your submission) or using other contact information you provided to Sponsor. You must respond to Sponsor's initial notification attempt within seven (7) days of your receipt of notice from Sponsor.

            To claim your prize, you will be required to execute and return to Sponsor (A) an affidavit of eligibility, (B) a publicity release (except where prohibited by applicable law), (C) a liability release, and (D) any other documentation provided by Sponsor to verify your eligibility and confirmation of the releases and grant of rights set forth in these Official Rules ("Winner Verification Documents").  If you are a winner, you must sign and return these Winner Verification Documents to Sponsor within ten (10) days following the date of Sponsor's delivery of these Winner Verification Documents to you. Sponsor will furnish an Internal Revenue Service Form 1099 to winners for prizes over $600.00.

            Please note that your prize will be forfeited and, at Sponsor's discretion, an alternate winner may be selected for the Promotion drawing(s) if: (A) you do not respond to Sponsor's initial notification within the seven (7) day time period specified above, (B) your prize notification or prize is returned to Sponsor as undeliverable, (C) you fail to return the fully signed Winner Verification Documents  to Sponsor within the specified ten (10) day time period, or (D) you are not otherwise in compliance with these Official Rules.    

            Prizes: The Promotion will be made up of the following specific prizes:

1.      Grand Prize: One Grand Prize will be awarded following the close of the Promotion Period that will allow the winner to select between either (a) a two (2) year, 10,000 mile per year lease of a Hyundai Elantra SE, a Jeep Renegade Sport, or a Ford Escape SE ("Vehicle")[1], or (b) a $15,000.00 scholarship at the University of Vermont and State Agricultural College ("UVM") that may be redeemed by you if you are an enrolled UVM student or transferred by you to an enrolled UVM student of your choice.

2.      Weekly Prizes: During the Promotion Period, Weekly Prizes will be awarded at random drawings occurring no more than once per week (as listed on Sponsor's website at www.mcgeeforuvm.com), and will consist of varying prizes as detailed at Sponsor's website, examples of which include:

·         Free oil change with pickup and drop off service within seventy-five (75) miles;

·         Swag bags;

·         Signed jerseys;

·         Tickets for UVM athletic events; and

·         Go Cats Apparel; and

Sponsor estimates the maximum approximate retail value of all prizes is anticipated to be at least $20,000.00.  All prize values will be stated in U.S. Dollars.  All prizes are awarded "as is" with no warranty or guarantee, either express or implied. Each winner of a prize under this Promotion acknowledges that the Promotion Entities do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of a prize being offered, except that each merchandise prize shall be subject to its manufacturer's standard warranty (if any). Winner agrees to look solely to such manufacturer for any warranty and/or guarantee.

            Conditions: By entering the Promotion, you agree to abide by and be bound by these Official Rules. If you are deemed ineligible or fail to comply with the terms and conditions of these Official Rules, the result will be forfeiture of any prize that would otherwise be awarded to you. No substitution (including the substitution of cash in the place of a prize or any portion of a prize), sale, or transfer of any prize is permitted except as provided in these Official Rules or in Sponsor's sole discretion. Sponsor reserves the right to substitute any prize for one of equal or greater value. Sponsor will not be responsible for any expenses incurred as a result of events not within their control. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process or the operation of the Promotion, or to be acting in violation of the Official Rules of this Promotion, or to be acting in an unsportsmanlike or disruptive manner, as determined by Sponsor in its sole discretion. Any attempt by any person to deliberately undermine the operation of the Promotion may be a violation of law and, should such an attempt be made, Sponsor reserves the right to seek damages from such person to the fullest extent permitted by law. Sponsor will be the sole arbiter of the conduct of and all matters related to the Promotion and the interpretation of these Official Rules. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision.

            Taxes:  If you win a prize in this Promotion, you are responsible for all applicable federal, state, and local taxes (including sales, use, income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.

            Publicity:  You agree that your entries and submissions (including hashtag submissions) become the property of Sponsor. By entering the Promotion, you grant Sponsor and its affiliates and subsidiaries the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your entries and submissions and to incorporate your entries and submissions in other works in any and all markets and media worldwide in perpetuity. You also warrant that you have the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor's reproduction, publishing, displaying, and/or other use of your entries and submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Sponsor is not under any obligation to copy, publish, display, or otherwise exploit your entries and submissions submitted in the Promotion, but by entering the Promotion you consent to Sponsor and its affiliates and subsidiaries displaying your entries and submissions, including announcing you as the winner of a prize on social media and in other media, including on any website. Your entries and submissions constitute permission (except where prohibited by law) to use your name, city, state, likeness, image, and/or voice (including social media posts/photos/videos tagged by you in connection with this Promotion) for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, except as required by applicable law.  

Privacy: As a condition of entering the Promotion, you consent to Sponsor obtaining and delivering your name, address, and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information you provide to Sponsor may be used to communicate with you in relation to this Promotion.

            Limitation of Liability and Release:  By participating in this Promotion, you agree that none of the Promotion Entities are responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion.

            By participating in the Promotion, you agree that the Promotion Entities, Facebook, Inc., Instagram, LLC, and TikTok Inc., and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives, and agents (collectively, "Released Parties") will have no liability whatsoever for, and shall be held harmless by you, against, any liability, for any injuries, losses or damages of any kind, including injury or death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the Promotion, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery.  In the event of a dispute regarding entries received from multiple users having the same Social Media Platform account, the Authorized Subscriber of the Social Media Platform account at the time of entry will be deemed to be the entrant and must comply with these Official Rules.  The "Authorized Subscriber" is the natural person who is assigned the account by the applicable Social Media Platform.  No more than the stated number of prizes will be awarded during the Promotion Period, except in the sole discretion of the Sponsor.

By entering the promotion, you, and on behalf of your heirs, executors, and administrators, agree to be bound by these official rules and by all applicable laws and decisions of sponsor which shall be binding and final.  You also, on your own behalf and on behalf of your heirs, executors, and administrators, to waive any rights to claim ambiguity with respect to these official rules. By entering the promotion, you agree that, to the extent permitted by applicable law, (a) any and all disputes, claims and causes of action arising out of or connected with the promotion, or any prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual third party, out-of-pocket costs incurred (if any) not to exceed ten dollars ($10.00), but in no event will attorneys' fees be awarded or recoverable; (c) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out of pocket expenses not to exceed ten dollars ($10.00), and/or any rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to you.

            Dispute:  Except where prohibited by law, you agree that any disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded under the Promotion will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Vermont or the appropriate Vermont State Court located in Washington County, Vermont.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of an entrant or the Promotion Entities in connection with this Promotion will be governed by and construed in accordance with the laws of the State of Vermont without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the State of Vermont.

Winners' List:  The names of the winners for the Promotion will be announced following the drawing via the applicable Social Media Platform.

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