NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED.
- Sponsor: The Haystack Car Giveaway (the "Sweepstakes") is sponsored by Haystack Mobile Technologies, LLC ("Haystack"). All prizes awarded in connection with the Sweepstakes are provided by Haystack. There is no purchase necessary to enter or win. The Sweepstakes is in no way sponsored by, endorsed by, administered by, associated with or affiliated with Kelly FIAT, FIAT USA, Facebook, Twitter or any other third party. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these official rules ("Official Rules") or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
- Eligibility: The Sweepstakes is open to all legal residents of Massachusetts who are at least eighteen (18) years of age at the time of entry and have a valid driver's license at the time of entry. Members, managers, director, officers, and employees of Haystack, Kelly FIAT or any of their respective subsidiaries and affiliates, as well as immediate family (spouses, and/or parents, children and siblings, and their spouses) or members of the household of each such member, manager, officer or employee are ineligible to enter or win. The Sweepstakes is void where prohibited by law.
- Notice to Public Officials: Haystack understands that the law of many jurisdictions restricts private parties, lobbyists, employers and government contractors from providing things of value to government officials and in some cases requires reporting of such gifts. Likewise, government officials are restricted from accepting gifts or other things of value in many jurisdictions, including sweepstakes prizes. Prior to receiving any prizes, winners may be required to affirm and represent that the acceptance of the prize is permitted in accordance with applicable law and ethics policies of the winner's employer.
- Agreement to Official Rules: By entering the Sweepstakes, entrants agree to comply with and be bound by these Official Rules and to comply with federal, state and local laws and regulations. In addition, entrants indicate their full and unconditional agreement to, and acceptance of these Official Rules and the decisions of Haystack, which are final and binding. Winning a prize is contingent upon an entrant being selected as a winner and fulfilling all requirements set forth herein as an entrant and as a winner.
- Term: The Sweepstakes begins July 15, 2014 at 12:01 a.m. Eastern Time ("ET") and ends July 22, 2014 at 11:59 p.m. ET (the "Term"). Haystack reserves the right to discontinue the Sweepstakes at any time without notice for any reason whatsoever.
- How to Enter: There are four (4) ways to enter the Sweepstakes with no limit on the number of entries per person. Eligible entrants may make entries to the Sweepstakes through any combination of the following methods: (i) download the Haystack mobile application to their Apple iOS-compatible device or Android-compatible device and register for an account on Haystack; (ii) offer information on their parking spot using the Haystack mobile application; (iii) complete a successful transaction using the Haystack mobile application; or (iv) mail a postcard or piece of paper in an envelope with entrant's complete name, address, email address, phone number and date of birth with the proper postage affixed to: Haystack Mobile Technologies, LLC, Haystack FIAT Giveaway, Attn: Haystack Customer Service, 101 North Haven Street, Suite 301 Baltimore, Maryland 21224. Mail-in entries must be received no later than the end of the Term (i.e., 11:59 p.m. ET on July 22, 2014). Limit one (1) entry per stamped envelope/postcard, but entrants may enter as many times as they wish by sending additional stamped envelopes and stamped postcards. Haystack is not responsible for any delays including delays that result in Haystack receiving mailed-in entries after the Term expire. Mechanically reproduced or hand-stamped entries or mailing labels or entries generates by script, macro or other automated or mechanical means will not be accepted. In the case of entry-method (iii), both parking spot offeror and parking spot finder will be entered to win after completion of the transaction. Entrants must follow the online instructions to download, offer and/or complete a transaction using the Haystack mobile application in order to enter through method (iii). Entrants will be entered to win each time upon registration of a Haystack account through the Haystack mobile application, offering information on their parking spot, successfully completing a transaction using the Haystack mobile application or mailing of an entry received by the end of the Term. Haystack will not acknowledge or confirm receipt of any entry, regardless of entry method used. All entries must be received during the Term. Entrants must submit the following information upon registration of a Haystack account through the Haystack mobile application to be eligible to enter the Sweepstakes through methods (i), (ii) or (iii): first name, last name and email address. All entry information must be completed in full, accurate and valid. An entrant must submit complete and accurate contact information in order to be eligible to win. Any person who attempts to participate by using multiple identities or by using any device or artifice to participate in violation of the terms stated in these Official Rules may be disqualified by Haystack in its sole and absolute discretion. Any use of robotic, repetitive, automatic, programmed or similar participation methods or agents will void such participation in the Sweepstakes in Haystack's sole and absolute discretion. In the event of a dispute over who is an entrant or to whom a method of entry corresponds, the authorized subscriber of the email account used to enter the Sweepstakes as of the actual time that such information was received by Haystack, will be deemed to be the entrant. The "authorized account subscriber" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. By entering, you acknowledge that you are providing information to Haystack and not to Facebook.
- Prizes; Notification of Winner: One (1) winner will be chosen at random by Haystack from all valid Sweepstakes entries. The prize will consist of one (1) FIAT 500 (the "Car Prize") except as modified pursuant to the terms of this Section 7 with an approximate retail value of $17,000 ("ARV"). The type and number of prizes awarded are subject to change without notification from Haystack. Winner must provide a valid social security number or other U.S. taxpayer identification number in order to be eligible to win. The winner is responsible for paying any and all applicable federal, state and local taxes (including, without limitation, any and all sales, use, income, gift taxes and withholdings), fees and charges, including without limitation, title, license, registration, insurance, and dealer preparation charges, and any and all other costs and expenses not included with the prize. Any prize details not specified in these rules will be determined by Haystack in its sole and absolute discretion. In lieu of the Car Prize, the winner may elect to take a Five Thousand Dollar ($5,000.00) cash prize and no more (the "Optional Cash Prize Amount") less any required tax withholding if applicable. Haystack reserves the right to award a prize of equal or lesser value, should the specified prize become unavailable for any reason. Haystack will choose the winner by a random drawing of all eligible entries received by the end of the Term. Odds of winning depend on the total number of entries received. Haystack will notify the winner at the email address provided at the time of entry on or about July 23, 2014 (the "Prize Notice"). The winner will be publically announced at an event held at the Liberty Hotel, 215 Charles Street, Boston, MA 02114 on or about 1:00 pm EST July 24, 2014. The winner must be present at this event to be eligible to receive the prize. If any winner is not present, eligible or does not respond by the deadline set forth in the Prize Notice, the prize will be forfeited in Haystack's sole and absolute discretion and Haystack will select an alternative winner at random from all remaining eligible entries. The winner may also be required to sign and return an Affidavit of Eligibility & Liability/Publicity Release, complete, sign and submit an IRS Form W-9 or equivalent form with the winner's full social security number or other taxpayer identification number and a copy of a valid driver's license by the deadline set forth in the Prize Notice. Before taking delivery of the Car Prize if selected, winner must provide proof of required automobile and liability insurance and meet all other requirements of Kelly FIAT. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize in Haystack's sole and absolute discretion. Haystack or Haystack's designee may issue appropriate tax reporting forms related to the winner's receipt of the prize and its total ARV or Optional Cash Prize Amount, as applicable, of the prize won in for the calendar year in which it was won, including, without limitation, by delivery of IRS Form 1099 tax reporting forms with such information to the IRS, other tax authorities, and the winner.
- Conduct: By participating, entrants agree to comply with and be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Haystack reserves the right, in its sole and absolute discretion, to modify or terminate the Sweepstakes in the event of any act, occurrence or reason that it believes would corrupt the integrity, administration or fairness of the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Haystack, which shall be final and binding in all respects. Haystack reserves the right in its sole and absolute discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; or (b) violating these Official Rules.
- Publicity: Except where prohibited by applicable law, participation in the Sweepstakes constitutes permission for Haystack to use, without notice or further compensation, worldwide, in perpetuity, in any and all forms of media and marketing campaigns, now known and hereafter devised, an entrant's first name, last name, likeness, photograph, voice, opinions and/or hometown and state for purposes of advertising, trade, promotion and/or publicity.
- Release and Limitation of Liability: By entering the Sweepstakes, entrants agree to be bound by all applicable law. The decisions of Haystack are final and binding in all respects. Entrants waive any rights to claim ambiguity with these Official Rules. Haystack shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) to entrants in connection with: participation in the Sweepstakes, including, but not limited to, human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized in connection with the Sweepstakes; interruption or inability to access Haystack mobile application, website, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant's (or a third person's) computer and/or phone and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of Haystack. By entering, entrants agree and prize winner further agrees to release, discharge, indemnify and hold harmless Haystack, Facebook and Twitter from and against any and all direct losses and third party claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize or participation in the Sweepstakes or any Sweepstakes-related activity. BY ENTERING, ENTRANTS FURTHER AGREE, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, TO RELEASE ALL RIGHTS TO BRING ANY CLAIM, ACTION OR PROCEEDING AGAINST HAYSTACK RELATIVE TO THE PRIZE, AND HEREBY ACKNOWLEDGE THAT HAYSTACK HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, INCLUDING, WITHOUT LIMITATION, EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY THE PRIZE MANUFACTURERS OR DEALERS THAT MAY BE SENT ALONG WITH THE PRIZE OR REQUIRED BY LAW, OR IMPLIED OR EXPRESS WARRANTIES REGARDING ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY FOR USE. The failure of Haystack to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of terrorism, act of public enemies, actions by governmental authorities outside the control of Haystack (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
- Disputes: TO THE FULLEST EXTENT POSSIBLE UNDER LAW, THE ENTRANT AGREES THAT ANY CLAIM SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION. THE REMEDY FOR ANY CLAIM BROUGHT BY ANY ENTRANT SHALL BE LIMITED TO THE LESSER OF (I) FIFTY U.S. DOLLARS ($50.00) OR (II) THE EXPENSES INCURRED BY ENTRANT TO ENTER THE SWEEPSTAKES, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
- Questions; Winners' List: All questions and inquiries may be submitted via email to email@example.com with the name of the Sweepstakes in the subject line. A list of winners may be requested via email to the email address listed herein or by sending a stamped, self-addressed envelope to the following mailing address:
Haystack Mobile Technologies, LLCThese Official Rules will be available on the Haystack website during the entire Sweepstakes. At Haystack's sole and absolute discretion, the name of the winner may be posted on the Haystack website and will be available upon written request made to the address below. The Sweepstakes is sponsored by Haystack at 101 North Haven Street, Suite 301, Baltimore, Maryland 21224.
Haystack Car Giveaway
Attn: Customer Service
101 North Haven Street, Suite 301
Baltimore, Maryland 21224