Performance Center LA Sweepstakes

PORSCHE SAN DIEGO

PORSCHE EXPERIENCE CENTER (L.A.) SWEEPSTAKES 

OFFICIAL RULES

NO PURCHASE, TEST DRIVE OR SUBMISSION TO SALES PRESENTATION NECESSARY TO PARTICIPATE OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. VOID OUTSIDE THE STATE OF CALIFORNIA AND WHERE PROHIBITED BY LAW.  ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Sponsor

Kuni SDP, LLC d/b/a Porsche San Diego, 9020 Miramar Road, San Diego, CA 92126 ("Sponsor"). The Sweepstakes is subject to all federal, state, and local laws.

2. Sweepstakes Dates

The Sweepstakes begins on September 12, 2019 at 12:01 a.m. Pacific Time ("PT") and ends on September 30, 2010 at 11:59 p.m. PT ("Sweepstakes Period").  Sponsor's clock is the official time-keeping device for the Sweepstakes.  All entries must be submitted within the Sweepstakes Period; any entries not submitted during the Sweepstakes Period will be disqualified.

3. Eligibility  

Sweepstakes only open to (i) legal residents of the U.S., (ii) residing within the State of California, and (iii) who are 21 years of age or older as of the first day of the Sweepstakes Period with a valid driver's license.  Employees, officers, directors, agents and contractors of Sponsor, Holman Automotive Group, Inc. and any of their respective parent companies, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, sweepstakes, fulfillment, and marketing agencies, as well as members of their immediate families (spouses, parents, grandparents, children, grandchildren, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Entries not meeting all of the requirements stated herein will be disqualified and ineligible.  Void outside the eligible area stated above and where prohibited.

4. How to Enter

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

(i) WRITE-IN: On a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly handwrite your complete name, home mailing address, phone number, email address and date of birth and mail with proper postage to: Porsche Experience Center (L.A.) Sweepstakes, 9020 Miramar Road, San Diego, CA 92126, Attn: General Manager. All write-in entries must be postmarked by the last day of the Sweepstakes Period and received by October 3, 2019. 

(ii) ONLINE:  Alternatively, entrant may visit https://www.porschesandiego.com/specials/new.htm during the Sweepstakes Period and complete the entry form in its entirety including: age, complete name, mailing address, email address and phone number. Then, click the "Submit" button to receive one (1) entry into the Sweepstakes. All online Sweepstakes entries must be received before the end of the Sweepstakes Period.

REGARDLESS OF THE ENTRY METHOD USED TO ENTER THE SWEEPSTAKES, THERE IS A LIMIT OF ONE (1) ENTRY PER ENTRANT FOR THE ENTIRE SWEEPSTAKES PERIOD. Any attempt by an entrant to obtain more than one (1) entry by using multiple/different identities, and/or any other methods will void that entrant's entry and that entrant may be disqualified from the Sweepstakes. Entries submitted by anyone other than the entrant are void. In case of dispute as to the identity of any entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner.

Sponsor is not responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

5. Winner Selection and Notification

On or before October 31, 2019, a potential prize winner will be selected in a random drawing from all eligible entries received by the Sponsor. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.  The potential winner will be notified by mail, email and/or telephone, as determined by the Sponsor in its sole discretion, using the information provided in the entry.  A winner will be disqualified and alternate winner selected from among remaining entries if (1) a winner cannot be contacted or does not respond within 48 hours after Sponsor initially notifies the winner; (2) a winner does not fulfill the eligibility requirements; (3) a winner does not adhere to the Official Rules; and/or (4) if the prize notification is returned as undeliverable, refused or declined. 

To be eligible to receive a prize, all entrants must have an address on file with the Sponsor or have provided an address when prompted at the time of entry. In the event that an entrant has an incomplete address, the entrant will be disqualified and an alternate prize winner will be selected in a random drawing.

6. Prize  

Sponsor will award one (1) prize, consisting of a check for $1,500.00 issued to the winner in reimbursement  for the cost of a "driving experience" at the Porsche Experience Center, Los Angeles, which will be payable only upon, and subject to, presentation by winner of an invoice showing that he or she has purchased a driving experience at the Porsche Experience Center, Los Angeles between November 15, 2019 and October 31, 2020  (the "Prize"). To claim the Prize, a qualifying invoice must be submitted to Sponsor for reimbursement no later than November 15, 2020.  To the extent the cost of admission is less than $1,500.00, the winner will be entitled to retain the balance. The reimbursement request must be sent to: Porsche Experience Center (L.A.) Sweepstakes, 9020 Miramar Road, San Diego, CA 92126, Attn: General Manager.  Prize substitutions are not allowed, and prizes are not transferable.  Only the Sponsor, at its sole discretion, may substitute a prize of equal value due to lack of availability for any given reason. The  winneris solely responsible for applicable federal, state and local taxes in connection with the prize in the year in which the prize was awarded.  All expenses not specifically mentioned are the responsibility of  winner, including, without limitation, travel expenses incurred in connection with the winner's visit to the Porsche Experience Center, Los Angeles. 

7. Other Conditions

The winner may be required to sign and return a notarized Affidavit of Eligibility and Release which must be submitted within one week after receiving notification of the win.  Failure to return such document will result in that winner being disqualified and another winner will be randomly drawn from all remaining eligible entries.  Prize is not transferable and no cash or other substitution may be made. Entrants need not be present to win.  Sponsor reserves the right to substitute a prize of equal or greater value.

8. Release 

By participating in this Sweepstakes, you agree to release and hold harmless Sponsor and Holman Automotive Group, Inc., and their respective affiliates, officers, directors, agents, consultants, vendors, employees, advertising agencies, and all others associated with the development and execution of the Sweepstakes (the "Released Parties"), from any and all damages, injuries, claims, causes of action or losses of any kind resulting from your participation in the Sweepstakes and/or use of the Prize, including, without limitation, liability for personal injury, damage or loss. Acceptance of the Prize shall constitute and signify the winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, entry and/or Prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.  In addition, the potential winner may be required to complete a statement of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified by the Sponsor in the notification. If documents are not returned timely, or if any notification or Prize is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, the Prize may be forfeited and an alternate potential winner may be selected.

9. General Conditions 

If for any reason, the Sweepstakes cannot run as planned, including tampering, fraud, or any other cause which corrupts or threatens the administration, security or integrity of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to terminate, or delay and reschedule the Sweepstakes.  If terminated, Sponsor may, in its sole discretion, select a winner from all non-suspect eligible entries received prior to such event.  Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries.  Any attempt to damage or undermine the fair and legitimate operation of the Sweepstakes will result in disqualification from the Sweepstakes, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person 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.  All interpretations of these Official Rules and decisions by Sponsor are final and binding in all matters related to the Sweepstakes.  Contact information submitted by entrants may be used by Sponsor for marketing or promotional purposes. The Prize winner consents to the use of his/her name, voice, and/or likeness by the Sponsor for advertising purposes without additional compensation unless otherwise prohibited by law. 

10. Governing Law / Limitations of Liability  

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, or the Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.

Released Parties are not responsible or liable for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the announcement of the Prize or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of the Prize (including any travel/activity related thereto).  Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  The winner acknowledges that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to the Prize, including but not limited to, the quality, merchantability, habitability, mechanical condition, or fitness of the Prize.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES 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 (3) ENTRANTS' 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.

11. Disputes 

Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, these Official Rules, or the Prize awarded shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in San Diego, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in San Diego County, California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys' fees incurred as a result of such action. FURTHER, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, THESE OFFICIAL RULES, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

12. Privacy 

Information collected from entrant is subject to Sponsor's Privacy Policy, available at https://www.porschesandiego.com/privacy.htm.  In furtherance, and not in limitation of the foregoing, by entering the Sweepstakes, you agree that Sponsor may share information included in your entry submission, including without limitation, name, address, phone number and email address ("Entry Information"), with its affiliates, and Sponsor and its affiliates may use your Entry Information for their everyday business purposes, including market studies and recruitment efforts, and to contact you about their products, services and employment opportunities. 

13. Name of Sweepstakes Winner

To receive the name of the winner, send a stamped self-addressed envelope to: "PEC (L.A.) Sweepstakes Winner", Porsche San Diego, 9020 Miramar Road, San Diego, CA 92126 (Attn: General Manager).  Please indicate which sweepstakes winners list you are requesting by indicating the name of the Sweepstakes in your request. 
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