Independent Auction Survey Sweepstakes
- Overview: The Independent Auction Survey Sweepstakes (“Sweepstakes”) is organized by NextGear Capital, Inc. (“Sponsor”). NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A SWEEPSTAKES PRIZE. MAKING A PURCHASE WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES.
- Sweepstakes Entry Details: Each independent auction contracted with Sponsor and a licensed auction that remains in good standing with Sponsor as of October 23, 2014 (“Commencement Date”) and who is invited by Sponsor in writing to participate will be given the opportunity to complete a brief survey to provide feedback to Sponsor on services that Sponsor provides (“Survey”). Upon completion of the Survey, and regardless of the substance of the Survey responses given, the independent auction will be given the opportunity to enter a Sweepstakes (“Valid Sweepstakes Entry”). The Survey and Sweepstakes entry must be completed no later than 11:59 p.m. ET on October 30, 2014 (“Sweepstakes Closing Date”) to be a Valid Sweepstakes Entry. Any entries received after the Sweepstakes Closing Date will be deemed invalid and not eligible to win.
- Sweepstakes Drawings: On or about October 31, 2014, all Valid Sweepstakes Entries will be placed into a single box or similar container. From that container four (4) Sweepstakes Entries will be selected at random from the total pool of Valid Sweepstakes Entries, such random selections to be made by Sponsor. Each of the four (4) randomly-selected Sweepstakes winners shall win One Hundred Fifty Dollars ($150), and will obtain those funds in the form of a check made payable to the independent auction’s legal name on file with Sponsor. Only four (4) Sweepstakes prizes will be awarded.
- Winner Announcements: The four (4) Sweepstakes winners shall be notified by email on or before November 4, 2014. Sponsor reserves the right, in its sole discretion, to identify the four (4) Sweepstakes winners on Sponsor’s website.
- Submissions: Invitations to eligible independent auctions for completion of the Survey will be sent to the email address on file with Sponsor. Completed surveys will be deemed submitted by the authorized account holder of the email address used to access the electronic Survey at time of completion. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Upon completion of the Survey, the authorized account holder will be given the opportunity to enter a Sweepstakes by providing certain identifying information. If a dispute regarding the identity of the authorized account holder or the Sweepstakes entrant cannot be resolved in Sponsor’s sole discretion, the affected entry will be deemed ineligible. Limit of one (1) Survey and one (1) entry per eligible independent auction and per email address, regardless of whether one individual has more than one email address or more than one person uses the same email address.
- Eligibility: This Sweepstakes is open only to eligible entrants that are residents of the 50 United States and the District of Columbia who are age 18 or older at time of entry. Void where prohibited or restricted by law. Employees of Sponsor, its parents, subsidiaries, advertising, promotion and internet agencies and their immediate family members and/or those living in the same household of each are not eligible for the Survey or Sweepstakes. All federal, state and local laws and regulations apply. By entering this Sweepstakes, all entrants agree to be bound by the rules and decisions of Sponsor on all matters relating to the Sweepstakes, which are final and binding. Each participating independent auction must be a licensed auction, who has contracted with Sponsor and is in good standing with Sponsor as of the Commencement Date.
- Privacy: Except as otherwise contemplated in these Official Rules, information provided by entrant for this Sweepstakes is subject to Sponsor’s privacy statement located at: nextgearcapital.com/privacy-policy.php. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor. By entering, entrant releases Sponsor from any and all liability and responsibility in connection with entrant’s entry and participation in the Survey or Sweepstakes.
- Prizes; Odds of Winning: A total of four (4) $150 Sweepstakes prizes (“Prizes”) will be awarded. Total approximate value of all Prizes is $600. No prize substitution or transfer is permitted, except that Sponsor reserves the right to substitute a Prize of equal or greater value for any reason. All applicable taxes and any other incidental expenses on Prizes are the sole responsibility of each winner. All entrants acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to any Prize, including, but not limited to, its quality or fitness for a particular purposes. By accepting a Prize, winner agrees, where imposing such a condition is legal, that Sponsor and its designees shall have the right, but not the obligation, to use the winner’s name, city and state of residence and/or likeness for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without further compensation, permission or notification and, upon request, will confirm consent to such use in writing.
- The four (4) Sweepstakes winners shall be determined by random drawing from the total pool of Valid Sweepstakes Entries. Odds of winning depend on the number of Valid Sweepstakes Entries. Each individual Sweepstakes Prize has a cash value of One Hundred Fifty Dollars ($150).
- By completing the Survey and entering the Sweepstakes, each entrant agrees to indemnify, defend, release, discharge and hold harmless Sponsor and its related entities, from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with: (i) the receipt, ownership, possession, use, or misuse of any Prize; and (ii) entrant’s participation in the Survey or Sweepstakes and/or any Sweepstakes related activity, including, without limitation, claims for breach of contract, defamation, common law or statutory misappropriation.
- General; Governing Law; Jury Waiver: Entrant acknowledges and agrees that Sponsor is not responsible for technical, hardware or software failures, or other errors or problems which may occur in connection with the Survey or Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the announcement of the winners and Prizes, any Sweepstakes-related materials, or that may limit Prize fulfillment or an independent auction’s ability to enter the Sweepstakes. Entrant acknowledges and agrees that Sponsor is not responsible for lost, late, inaccurate, incomplete, illegible, or misdirected Sweepstakes Entries. Entrant agrees that Survey comments it provides may be published, without further compensation, on Sponsor’s website pages and/or marketing materials, whether author of the comments is selected for a Sweepstakes Prize or not. Nothing in these Official Rules obligates Sponsor to publish or otherwise use any Survey results or comments. All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to the Survey or this Sweepstakes, the meaning or interpretation of these Official Rules or any Prize awarded shall be resolved by applying the laws of Indiana, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within Indiana. All Claims shall be resolved individually, without resort to any form of class action and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and, by entering, entrant waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased. ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY, AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS. Sponsor reserves the right to permanently disqualify from the Sweepstakes any entrant it believes has intentionally violated these Official Rules. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Survey or Sweepstakes as determined by Sponsor in its sole discretion. In the event of termination, a notice will be posted online and all Valid Sweepstakes Entries eligible to win a Prize prior to termination will be eligible to win a Prize. To obtain a list of Prize winners or contact Sponsor, see the address stated in Section 6 of these Official Rules. All decisions of Sponsor are final and binding as to all aspects of this Sweepstakes.
- Sponsor: Sponsor is, and may be contacted at: NextGear Capital, Inc., 11799 North College Ave., Carmel, Indiana 46032