A Train Divided Sweepstakes Official Rules
To enter this Sweepstakes, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You must have Internet access, a valid email address AND A FACEBOOK ACCOUNT to participate. Eligibility: SWEEPSTAKES open only to legal residents of the 50 United States and the District of Columbia WHO ARE AT LEAST 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) at time of entry. VOID WHERE PROHIBITED BY LAW.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
1. Sponsor: The National Railroad Passenger Corporation, commonly known as Amtrak, 60 Massachusetts Avenue, N.E., Washington DC 2002. (“Sponsor”).
- 2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 3rd Floor, New York, NY 10001 (“Administrator”).
- 3. Eligibility: The Amtrak “State” or “Michigan” Sweepstakes (“Sweepstakes”) is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older). Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and/or their respective parent, subsidiary, affiliated and successor companies (collectively, the “Promotion Entities”), and immediate family and household members of such individuals, are not eligible to enter. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Void where prohibited or restricted by law.
- 4. Sweepstakes Entry: The Sweepstakes begins on or about 12:00 pm Central Daylight Time (“CDT”) on Wednesday, October 16, 2013 and ends at 11:59 pm Central Daylight Time (“CDT”) on Wednesday, October 23, 2013 (“Promotion Period”).
During the Promotion Period, post an “State” or “Michigan” on the Amtrak “A Train Divided” Sweepstakes Post (“Post”).
BY SUBMITTING A COMMENT, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A COMMENT WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Your comment will constitute your entry into this Sweepstakes, provided that it is relevant to the subject matter of the Post (i.e., which team you are supporting) and otherwise in full compliance with these Official Rules (“Entry”).
Do NOT include personal information (e.g., your name, e-mail address or phone numbers) in the comment itself.
Once submitted, entries become the sole property of Sponsor (subject only to the rights of Facebook, as applicable), cannot be modified by entrant. By submitting a comment, entrant gives permission to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to use entrant’s comment on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use entrant’s comment, and make derivative works therefrom, without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, Sponsor’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such License will be confirmed by potential winner upon Sponsor’s request and potential winner agrees to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the entry and the selection of another entry as a potential winner.
Limit one (1) Entry per person during the Promotion Period, regardless of the number of comments posted by a given person. Multiple entries and/or mass entry attempts will result in disqualification of all entries by such person/email address/Facebook account. Entries must be manually key-stroked by the Entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. (Without limiting the foregoing, comments posted outside of the Post will NOT result in Sweepstakes entry.) Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. All entries must be posted to the Post on Facebook in their entirety prior to expiration of Promotion Period. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
You may only use one Facebook account to participate in the Sweepstakes. All comments must comply with the Facebook Terms of Service and Facebook Rules available at the Facebook Web Site.
- 5. Content Guidelines: In addition to complying with all other requirements of these Official Rules and/or on the website/platform where persons may submit entries/comments (i.e., Facebook); each comment must comply with the following guidelines (“Content Guidelines”). Any comment that Sponsor/Administrator, in their sole discretion, determine is in violation of any Content Guideline will be disqualified. Each entry/comment must not:
- Contain content, image(s) or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
- Disparage Sponsor, Administrator, any other person or entity affiliated with the Sweepstakes or products, services or entities that are competitive with any of the foregoing;
- Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor, subject to the comment complying with all other requirements of these Official Rules (including these Content Guidelines) and/or Facebook; entrant has a limited, non-exclusive, revocable license to use Sponsor’s trademarks solely and only to incorporate them in his/her comment submitted in this Sweepstakes*;
- Contain content or other creative elements not created by and original to entrant;
- Contain content or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain content or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or any other controlled substances);
- Contain content or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
- Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the comment cannot:
- Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
- Contain encrypted content of any kind, including without limitation, encoded messages.
If a comment cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that comment shall be disqualified without any fault or liability of the Released Parties, as defined below.
Should a comment be deemed by Sponsor/Administrator in their sole discretion to be in violation of any Content Guideline, Sponsor/Administrator may seek to have the comment removed by Facebook from the Post and/or take other actions Sponsor/Administrator determine to be necessary to preserve their rights, in addition to disqualification from the Sweepstakes.
*Sponsor grants to each qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of and limited to including them in the comment submitted in this Sweepstakes; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s and/or its licensors’ trademarks will be a violation of Sponsor’s or its applicable licensor’s intellectual property rights. Sponsor’s items (including the trademarks) cannot be modified, adapted, or edited by entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
6. Random Drawing/Selection of Winners: Potential prize winners will be selected via a random drawing to occur on or about the day following the conclusion of the Promotion Period from among all eligible entries received during the Promotion Period. For the avoidance of doubt, the content of a person’s comment will not be taken into account in the winner selection process (provided that the comment is determined by Sponsor/Administrator to be in compliance with these Official Rules). Drawing will be conducted by LeadDog Marketing Group, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes.
7. Prizes, Approximate Retail Values (“ARV”) and Odds:
Grand Prizes (16 winners): Each Grand Prize winner will receive two (2) roundtrip Amtrak tickets from Chicago, IL to East Lansing, MI and two (2) $25.00 gift cards for HopCat East Lansing. The train will depart Chicago Union Station Friday, November 1st at 4:00 p.m. Central Daylight Time and return from East Lansing, Michigan at 8:45 a.m. Eastern Daylight Time on Sunday, November 3rd.
ARV of Grand Prize: $250.00
All travel on Amtrak trains is subject to Amtrak’s Conditions of Carriage/Terms of Transportation. Grand Prize is non-transferable and cannot be extended beyond the valid date. Winner and guest assume the risk of any inherent or unforeseen dangers associated with travel. Gift cards are subject to terms and conditions thereon.
Any costs and incidentals not specified herein are the winner’s sole responsibility. Amtrak tickets are not valid for Amtrak Guest Rewards points. No upgrades, substitution, cash redemption or transfer of prizes except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason.
Odds of winning a prize depend on total number of eligible entries received during the Promotion Period. Prize will only be delivered to address within the United States. Federal, state and local taxes (if any) are the sole responsibility of the winner. Limit of one (1) Grand Prize per person/family/household.
8. Winner Notification: Potential winners will be contacted from the Amtrak’s Facebook account via message to the post/comment used to enter the Sweepstakes. The message will request that the potential winner email the Sponsor at the specified email address with specific personal information (ex: full name, address, phone number, email address, date of birth, Facebook username). Potential winner must allow for Amtrak to contact him/her via message. Failure to respond to the initial verification notice within twenty-four (24) hours after notification or return of verification notice as undeliverable after three (3) attempts will result in disqualification. Potential winner may be required to sign and return within three (3) business days, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law (“Winner Documents”). If the Winner Documents are not returned to Sponsor within specified time period (if applicable), potential winner may be disqualified. If potential winner is disqualified, prize will be awarded to an alternate winner selected from all remaining non-winning eligible entries received during the Promotion Period. In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account associated with the Facebook User ID used to participate in the Promotion. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
9. Conditions and Limitations of Liability: By participating in this Sweepstakes, entrants agree to release and hold harmless the Promotion Entities, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assigns, as well as Facebook, Inc. (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, receipt, possession or use/misuse of any prize. By entering, entrants also authorize the Sponsor and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material or on a winners’ list (if applicable) without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All entries become the property of the Sponsor (subject only to the rights of Facebook, as applicable).
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Sweepstakes in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software (This includes but is not limited to filtering by the technology of Facebook, as applicable.) The foregoing also includes any malfunction/error/failure deemed by Sponsor/Administrator in the sole discretion of either party to impact the availability or accessibility of the Post, comments submitted by entrants or the transmission or receipt of winner verification notices (or other communications with winners). If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the Sweepstakes, who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prizes by means of a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on www.Facebook.com/Amtrak. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or electronic entry or participation to be received on account of technical problems or traffic congestion on the Internet or at any website/platform, or any combination thereof, including any injury or damage to any person’s computer related to or resulting from participation in or downloading any materials from this Sweepstakes. Failure of Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
Persons entering the Sweepstakes further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE SWEEPSTAKES, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
10. Governing Law: The Sweepstakes is subject to all federal, state and local laws. Void where prohibited by law. US law governs the Sweepstakes. Any and all disputes will be resolved in the appropriate courts of the District of Columbia in the United States, according to the laws of the District of Columbia. Any conflict of laws will be resolved in favor of the laws of the District of Columbia.
12. Winners’ List: For the names of winners, send an email to firstname.lastname@example.org with “Amtrak Go Green or Go Blue? Sweepstakes Winners” in the subject line. All such requests must be received no later than 10/31/13.