Houston Car Giveaway Terms and Conditions

Don McGill Toyota Free Car Giveaway

1. Eligibility: Entrants and nominees must be legal United States residents, at least eighteen (18) years old or above, with a valid driver’s license, who reside in the Houston, Texas Area within a 20 mile radius of Don McGill of West Houston LTD (dba Don McGill Toyota), located at 11800 Katy Freeway, Houston, TX, 77079 “Sponsors”. Employees of the company, its vendors, their affiliated companies, any advertising, promotion, or judging agencies connected with the Free Car Giveaway, and the immediate family members of each such individuals are ineligible. The term “entrant” refers to the person filling out the online form to nominate an eligible friend or relative for the Free Car Giveaway. The term “nominee” refers to the person being recommended by the entrant and considered by the Sponsors for the Free Car Giveaway.

The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein. Individuals are eligible to win only one prize from Sponsors within the given calendar year.

2. Entry Period: The Free Car Giveaway entry period begins Monday, May 1, 2017 at noon CST and continues until April 30th, 2018 at noon CST (the “Entry Period”).

3. Contest Entry:

On-line: The entrant may ONLY enter a nominee online through the designated URL: www.houstoncargiveaway.com. Registration is free. There is no current or future commitment to Don McGill of West Houston LTD (dba Don McGill Toyota) or any affiliated sponsors, or vendors by filling out the online registration form.

Registration Requirements:

1. The nominee’s address, valid phone number, and birthdate on the official online entry form at www.houstoncargiveaway.com are required.

2. The entrant’s address, valid phone number, and birthdate on the official online entry form at www.houstoncargiveaway.com are required.

3. Each entrant is allowed to nominate one person per e-mail address and contact information. Nominees can be entered an indefinite amount of times as long as it’s by different entrants. Entries that exceed the limit will be void and the entrant will no longer be eligible. NO mail-in entries, in person entries, or any other form of entry to the Free Car Giveaway will be accepted. Sponsors are not responsible for lost, late, or incomplete registration forms. Entries received that have inaccurate information, been tampered with, are incomplete and do not meet other previously stated eligibility requirements will be void. All received entries become the property of Sponsors and will not be returned. All entries subject to verification by Sponsors whose decisions on all matters related to this Free Car Giveaway are final and binding.

4. Finalist Selection & Notification: Within the 12-month entry period, six nominee finalists will be selected by Sponsors and be given a vehicle. Factors determining who will be given the car is up to the sole discretion of the Sponsors. Entrant/Nominee finalists will be contacted by phone, or email with the assistance of Entrant. Each entrant/nominee finalist must respond within forty-eight hours of initial notification attempt, or else they will be passed on and the next eligible entrant/nominee finalist will be given the opportunity. Both the entrant and nominee finalist must be available and willing to appear on-camera for live footage and social media feeds on the day of the Free Car Giveaway, or the entrant/nominee finalist will be disqualified. The entrant/nominee finalists agree to comply with and conform to generally accepted broadcast standards with regard to conduct, dress and language during his or her appearance, and such compliance will be determined by the sponsor and up to their sole discretion. Sponsor reserves the right to reschedule the date of the nominee finalist selection for the Free Car Giveaway due to weather, technical problems or unforeseen scheduling conflicts. Sponsors reserve the right to conduct the nominee finalist selection event without broadcasting it on television, social media, or to record the nominee finalist selection event and broadcast or stream it on a later date. Each nominee finalist agrees that Sponsors and their licensees may broadcast /or stream and distribute the content of the Free Car Giveaway event in any media throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law. Each nominee winner will be required to sign and return an Affidavit of Eligibility/Release of Liability and Publicity prior to receiving the vehicle from the Free Car Giveaway. Time permitting, Sponsors will select and attempt to notify an alternate nominee finalist selected from among remaining eligible nominee finalist : (a) does not respond within forty-eight hours of the initial notification attempt; (b) is unavailable for the Free Car Giveaway event; (c) is not in compliance with the Rules; (d) does not sign and return required documents by deadline set by Sponsors; or (e) does not meet the eligibility requirements. All results are unofficial until the nominee finalists are verified and become the sole owner and nominee winner of the vehicle.

5. Winner Selection and Notification: The nominee finalist for each Free Car Giveaway will be selected solely by the discretion of the Sponsors.

6. Prize: Each nominee winner will receive a New Toyota vehicle. Which Toyota model the nominee winner receives is up to the Sponsors discretion. The approximate value of the grand prize is $17,878. Sponsors will select the Free Car Giveaway vehicle – no exchanges or substitutions may be made by the nominee winner – and all features will be in the sole discretion of the Sponsors. The Free Car Giveaway nominee winner shall be required to personally retrieve the vehicle and present acceptable personal identification, a valid driver’s license and evidence of any legally required insurance. The actual vehicle may have acquired a limited number of miles due to transportation of the vehicle. Delivery of each vehicle will occur on a set date following the winner selection at determined location of sponsor (date and location subject to change). Properly claimed vehicle will be awarded, but in no event will Sponsors award more vehicles than are provided for in these Rules.

7. Prize Acceptance/Restrictions: Nominee finalists are subject to verification by name, age, address, phone number, and Social Security number. If a nominee winner is disqualified, Sponsors reserve the right to determine an alternate nominee winner or to not award that winner’s prize (vehicle) at all. The Free Car Giveaway vehicle cannot be redeemed for cash or substituted for any other items by the nominee winner. The Free Car Giveaway vehicle is non-assignable and non-transferrable. Sponsors, in the sole and absolute discretion, reserve the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason for the duration of the entry period. Nominee may not elect any substitute for the price won.

8. Publicity Release: By participating in the Free Car Giveaway, each entrant and nominee finalist acknowledge that their participation in the Free Car Giveaway constitutes consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each entrants and nominee winner’s name, voice, likeness, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.

9. ANY ATTEMPT BY AN ENTRANT OR NOMINEE TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS GIVEAWAY, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE FREE CAR GIVEAWAY IS PROHIBITED AND MAY RESULT IN DISQUALIFICATION AND LEGAL ACTION.

10. Taxes: Any valuation of the Free Car Giveaway vehicle stated above is based on available information provided to Sponsors, and the value of the prize awarded to the nominee winner may be reported for tax purposes as required by law. Tax, title, and license will be covered by the Sponsor; any and all additional expenses beyond this are the sole responsibility of the nominee winner. Sponsors will not pay for gas, car insurance, or any and all damages to vehicle/prize once vehicle has been given to nominee winner. Registration fees will not be included and are to be covered by the nominee winner.

11. Conditions: Sponsors reserve the right, in their sole discretion, to modify this Free Car Giveaway or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, interruption in wireless calling devices or wireless service, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Free Car Giveaway, (b) the Free Car Giveaway or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Free Car Giveaway becomes corrupted due to wireless calling service interruption for any reason, or (d) the Free Car Giveaway is otherwise not capable of running as planned. If Sponsors determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the internet portion of the Giveaway, Sponsors reserve the right to void the entries at issue, and/or terminate and/or modify the Giveaway. If Sponsors terminate or modify the Giveaway, Sponsors will post notice on the official Free Car Giveaway website. By entering, entrants and nominees represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of the Free Car Giveaway. Any entrant or nominee who attempts to tamper with the Free Car Giveaway in any way or use fraudulent means to participate in and/or win the Free Car Giveaway vehicle/prize will be disqualified. Sponsors reserve the right to disqualify any entrant or nominee at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. If a dispute arises regarding compliance with these Official Rules, Sponsors may consider, in their sole discretion, data reasonably available to Sponsors through information technology systems in Sponsors’ control, but Sponsors will not be obligated to consider any data or any other information collected from another source. Sponsors and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays in the Free Car Giveaway. Other than the vehicle/prize received by the winner, no entrant or nominee will be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the the Free Car Giveaway. Sponsors have the sole discretion to administer the Free Car Giveaway and interpret and apply the rules. Neither the failure of Sponsors to insist upon or enforce strict performance of any provision of these rules nor the failure, delay or omission by Sponsors in exercising any right with respect to any terms of these rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If there is a conflict between any term of the rules and any entry or marketing materials used in connection with the Free Car Giveaway, the terms of the rules will govern.

12. Release/Hold Harmless: By participating, entrants and nominees agree: (a) to release, discharge, and hold harmless Don McGill of West Houston LTD (dba Don McGill Toyota), and their respective media affiliates, subsidiaries, advertising and promotion agencies, and all of the officers, directors, employees, representatives, and agents of the foregoing (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of the vehicle/prize, or from participation in and/or entry into the Free Car Giveaway or any Free Car Giveaway-related activity and for acceptance, delivery, or use of the prize; and (b) that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to the vehicle/prize.

13. Limitation of Liability: The Released Parties are not responsible or liable for any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Free Car Giveaway or in the announcement of the vehicle/prize and assume no responsibility for (a) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (b) failure of any entry to be received by Sponsors due to technical problems, postal problems, telephone service problems, human error, or wireless calling service, (c) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (d) mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s or nominee’s ability to participate in the Giveaway, (e) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (f) damage to any computer (software or hardware) resulting from participation in the Free Car Giveaway, or damage to mobile phone or other PDA device, (g) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (h) entries that are late, lost, stolen, postage-due, damaged, illegible, and/or unintelligible (or any combination thereof), or (i) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the entry process, including but not limited to a paid connection to the Internet, are the sole responsibility of each entrant and the Sponsors will not issue reimbursement for any expenses.

14. In Case of Dispute: By entering the Free Car Giveaway, entrants and nominees agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Free Car Giveaway, or vehicle/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 out-of-pocket costs incurred, including costs associated with entering the Free Car Giveaway but in no event attorneys’ fees; and (c) under no circumstances will any entrant or nominee be permitted to obtain any award for, and entrant or nominee hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All entrants and nominees agree, by participation in the Free Car Giveaway, to submit to the personal jurisdiction of the state courts of Houston, Texas. Texas law will govern this Free Car Giveaway, without regard to Texas’ choice of law rules. The state and federal courts of Texas will be the exclusive forum for any dispute regarding any Rule or activity associated with the Free Car Giveaway.

15. Official Rules: Complete Rules are available online at the following URL: www.houstoncargiveaway.com

16. Sponsors: Don McGill of West Houston LTD (dba Don McGill Toyota)