NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR: This promotion (the "Sweepstakes") is sponsored by Future US, Inc. (“Sponsor”) and is subject to the following terms and conditions.
2. ELIGIBILITY: Sweepstakes open to legal residents of the 50 United States and the District of Columbia, excluding Florida and New York. Void where prohibited, taxed or restricted by law. At the time of entry, entrants must be at least 18 years old and have attained the age of majority in their state of residence, and possess a valid form of government-issued photo identification. Invalid or ineligible entries shall be excluded from consideration. Employees, officers and directors of Sponsor, Hyundai Motor America (“Hyundai”), Robert Kirkman LLC (“Kirkman”), Skybound Entertainment (“Skybound”), and each of their respective parents, subsidiaries, affiliated companies, advertising, promotion or production agencies, any companies who are promotional participants or prize providers, web masters and webs suppliers, and any members of their immediate family (defined as parent, spouse, child, sibling, or grandparent) and households (whether related or not) are NOT eligible to enter Sweepstakes. By their submission of entry, participants warrant they are legally entitled and authorized to make such submission, either on their own behalf, or as to information submitted upon the express authorization of another on whose behalf the information is submitted, and that they will be able to pay all taxes, title, license, and dealer fees, insurance costs, and shipping and handling charges for delivering the grand prize from the car dealer located in San Diego, CA. PARTICIPANTS WHO CANNOT PAY SUCH TAXES, TITLE LICENSE AND DEALER FEES, SHIPPING AND HANDLING CHARGES, INSURANCE, AND OTHER TAXES AND INCIDENTAL EXPENSES SHALL BE DISQUALIFIED and a new winner will be selected in a random drawing from among the remaining qualified entrants. In the event of a dispute as to the winner's identity for online entries received from multiple users having the same email account, entries will be deemed made by the authorized subscriber of the email account associated with the entry. Authorized account subscriber is the natural person who is assigned the email address by the internet service provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
3. TIMING: Sweepstakes begins at 12:00:01 a.m. Pacific Time ("PT") on June 1, 2012 and continues until 11:59:59 p.m. PT on July 31, 2012 (“Sweepstakes Period”). Sponsor's computer will be the official time clock for the Sweepstakes. Online entries must be received by 11:59:59 p.m. PT on July 31, 2012 to be eligible.
4. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes. (1) During the Sweepstakes Period, go to http://www.hyundaiundead.com (the “Website”) and fill out the online sweepstakes form by providing the following information: name, address, country of residence, phone number, current email address, date of birth. (2) Beginning on 11:59 PM PST July 16, 2012 until the end of the Sweepstakes Period, Go to Hyundai’s Facebook page located at http://www.facebook.com/Hyundai/app_470421242973869 (the “Page”), “like” the Page and follow the instructions to enter the Sweepstakes. Limit one (1) entry per person. Use of automated devices or methods of submission are not valid forms of entry. Any attempt at email or other alternative form of entry is void. Any attempt by any person to obtain more than the stated number of entries by using same or multiple/different email accounts, or any other methods, will void all of that person’s entries and that person will be disqualified. Entries become the property of the Sponsor and will not be acknowledged or returned. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.
5. PRIZE: One (1) Grand Prize consisting of a 2013 Hyundai Elantra GT (Approximate Retail Value (“ARV”): $19,545), upon the winner’s election either (a) with a large custom wrap-around sticker featuring zombie artwork from “The Walking Dead” comic series professionally installed to cover the majority of the car’s outer surface (adding approximately $2,000 to the base value of the car, for a total approximate value of $21,545), or (b) with such installed sticker removed by Sponsor (in which case the winner will not pursue any claim against Sponsor or any Releasee (as defined below) arising out of such removal, and will indemnify, defend and hold harmless Sponsor and Releasees against any such claim), will be awarded.
Prize is nontransferable, cannot be redeemed for cash, and must be accepted as awarded, but Sponsor reserves the right to substitute any prize or prize element with a prize of equal or greater value should the advertised prize become unavailable for any reason. Prize will not be fulfilled outside the 50 United States and District of Columbia, and will not be fulfilled in Florida or New York, or where prohibited, taxed or restricted by law. WINNER WILL BE RESPONSIBLE FOR ALL REGISTRATION, TAX, TITLE, LICENSE AND DEALER FEES, SHIPPING AND HANDLING CHARGES, INSURANCE and all other taxes (federal, state, and local) and incidental expenses not listed herein related to acceptance and use of any prize.
Winner is solely responsible for all travel transportation costs for collecting prize, as well as any dealer prep, emissions inspection, gasoline, vehicle maintenance, and any other costs incurred in claiming, registering, or using the prize including without limitation, any costs incurred in bringing the vehicle from the delivery site to the winner’s home. Winner must have a valid driver's license, the ability to acquire auto insurance and meet eligibility requirements of these Official Rules. Winner will receive an Internal Revenue Service Form 1099 for the actual value of the prize after the end of the calendar year in which the prize is awarded, and a copy of such form will be filed with the IRS. Prize will be awarded if properly claimed. All options and upgrades on vehicle are the sole responsibility of winner. Winner must pick up his/her vehicle at a dealership in San Diego, California, as determined by Sponsor or its agents in their sole discretion. Once winner has been notified that vehicle is at the dealership, he or she must pick up vehicle within thirty (30) days of date of such notification. Vehicle will only be released upon proof of valid driver’s license currently in force and satisfactory proof of insurance. Accessories and options may vary. Interior/exterior color subject to availability. Accessories are subject to change without notice. Sponsor reserves the right to change product specifications at any time without incurring any obligations. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except Sponsor reserves the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. Winner is not eligible for any cash back or rebate which may be available on the vehicle at time of delivery. All other costs and expenses not specified herein, if any, are the responsibility of the winner. All prize details are at the sole discretion of the Sponsor. Prize value is an approximation. Any difference between the approximate value and the actual cost of the prize will not be awarded. Winner agrees that Sponsor and its promotional partners have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness.
6. DRAWING: Potential winner will be selected by random drawing from all valid eligible entries. Drawing will be held on or about August 1, 2012. Drawing will be conducted by Sponsor, whose decisions on all matters related to the Sweepstakes shall be final and binding and within its sole discretion. Winning is contingent upon compliance with all terms and conditions set forth in these Official Rules; any entry drawn or any potential winner identified thereby found at any time to fail to comply with these Official Rules will be held invalid and ineligible for award. Odds of winning depend on the number of eligible entries received.
7. NOTIFICATION: Potential winner will be notified by phone or email address provided in online entry form on or about August 1, 2012. Potential winner so notified must within three (3) business days of notice of prize, complete, execute and return the provided Affidavit, Waiver, Release and Indemnity Agreement, including, where lawful, a Publicity Release (plus any additional documents required at the discretion of Sponsor). If the potential winner cannot be contacted within three (3) business days of prize notification, fails to comply with the requirements of this paragraph, if any prize or prize notification is returned as non-deliverable, if potential winner is found to be ineligible or not in compliance with these Official Rules, or if potential winner cannot pay all tax, title, license and dealer fees, shipping and handling charges, insurance costs, and all other taxes and incidental expenses associated with the Grand Prize, such prize will be forfeited, in which case prize will be awarded to an alternate winner by random drawing. Upon prize forfeiture, no compensation will be given.
8. WINNERS LIST: A list of winners will be available for six (6) months after award of prizes by sending a self-addressed envelope with sufficient prepaid postage to:
Hyundai Elantra GT Walking Dead Sweepstakes
c/o Future US, Inc.
4000 Shoreline Court, Suite 400
South San Francisco, CA 94080
(Residents of Vermont are not required to include return postage.)
10. RELEASES: By participating in the Sweepstakes and/or accepting a prize, each participant/winner agrees to defend, release and hold harmless the Sponsor, Hyundai, Kirkman, Skybound, Facebook, Inc., and each of their respective parents, subsidiaries, affiliates, divisions, advertising, production and promotion agencies, any companies who are promotional participants or prize providers, web masters and web suppliers, and the foregoing companies' officers, directors, shareholders, employees, representatives and agents (collectively "Releasees") from and against any actions, claims and/or liability for injury, loss or damage of any kind to persons, including death, or property (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, and/or the use (including misuse), acceptance, or possession of a Sweepstakes prize, and/or participation in a Sweepstakes prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information, and/or for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any prize as well as for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, Sponsor’s correction of these Official Rules to accurately describe and reflect the higher value of the prize with the customized sticker wrapping, or the participant/winner’s election to remove the sticker wrapping the car and Sponsor’s subsequent removal thereof. By participating in the Sweepstakes and/or accepting a prize, each participant/winner consents to and gives the Sponsor, Hyundai and their agents and designees the right to use, publish, and display a his/her name, city and state, image/likeness and prize awarded, for the purpose of advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, in perpetuity, without review, notification or approval, and without additional consideration, unless prohibited by law. Releasees are not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
11. LIMITATIONS OF LIABILITY: Participants agree that by participating they release the Releasees from any liability in connection with: (a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, inaccurate, delayed, unintelligible, non-delivered, stolen, postage due, or misdirected, or the failure to capture any such information; (b) Any typographical or other human or technical errors in the offer or administration of the Sweepstakes, including but not limited to errors in advertising, these Official Rules, the selection and announcement of a winner, or the distribution/awarding of a prize; (c) Any omission, interruption, deletion, defect, delay, misdirection, damage, unavailability, accessibility, miscommunications, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, satellite, computer, telephone, cellular or cable transmissions or lines, or any combination thereof; (d) The unauthorized access to, or alteration of, entries; (e) Jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; and (f) Damage to a participant’s or other person’s system or equipment occasioned by participation in this Sweepstakes or downloading materials from the Website; the Page or any combination thereof. Persons who tamper with or abuse any aspect of the Sweepstakes or any related website, as solely determined by Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified.
In the event that the Website and/or the Page is infected by a computer virus, worm or bug, such that the Sweepstakes cannot be run or executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of entrants, or technical failure) or any other cause which in the sole opinion of Sponsor corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify, extend or suspend the Sweepstakes. In such event, notice thereof will be posted at the Website and the Page, and winner will be determined solely by Sponsor in a random drawing from among all eligible non-suspect and/or non-disqualified entries prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In such event, Releasees shall have no liability to any participant who is disqualified due to such an action. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes, Website and/or the Page. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE PAGE OR DOWNLOADING FROM AND/OR PRINTING MATERIALS DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR ANY WEBSITE OF SPONSOR. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE, THE PAGE AND ON SPONSOR’S WEBSITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. LAW: Subject to all federal, state, and local laws and regulations. Void where prohibited or restricted. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsor in connection with any drawing or award, shall be governed by, and construed in accordance with the laws of, the State of California, without regard to conflict of law principles. Any cause of action by you with respect to the Sweepstakes must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in these Official Rules shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the offer of these Official Rules shall be brought solely in San Mateo County, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. You understand that you are providing your information to Future US, Inc. and Hyundai Motor America and not to Facebook, Inc. All Facebook terms and guidelines apply.