8586 Laguna Grove Dr.
Elk Grove, CA 95757
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: Infiniti Presents An Exclusive Evening with
Cirque du Soleil (the "Sweepstakes") is open only to legal residents of the
forty-eight (48) contiguous United States and the District of Columbia who are
residing in one of the forty-eight (48) contiguous United States and the
District of Columbia and are at least twenty-one (21) years old at the time of
entry. Employees of Nissan North America Inc., Cirque du Soleil America, Inc.,
Team Epic, LLC, ePrize, LLC, and their parent and affiliate companies as well as
the immediate family (spouse, parents, siblings and children) and household
members of each such employee are not eligible. The Sweepstakes is subject to
all applicable federal, state, and local laws and regulations and is void
outside of the forty-eight (48) contiguous United States and the District of
Columbia, and in Alaska, Hawaii, Puerto Rico, and all other U.S. possessions and
territories, and where prohibited. Participation constitutes entrant's full and
unconditional agreement to these Official Rules and Sponsor's and
Administrator's decisions, which are final and binding in all matters related to
the Sweepstakes. Winning the prize is contingent upon fulfilling all
requirements set forth herein.
Sponsor: Nissan North America Inc., One Nissan Way,
Franklin, TN 37067
Administrator: ePrize, LLC, One ePrize
Drive, Pleasant Ridge, MI 48069.
Timing: The Sweepstakes begins on April 14, 2011 at 12:00
a.m. Eastern Time ("ET") and ends on April 15, 2012 at 11:59 p.m. ET (the
"Promotion Period"). Sponsor's computer is the official time-keeping device for
the Sweepstakes.
How to Enter: There are three (3) ways to enter.
Online: During the
Promotion Period, visit http://www.infinitiusa.com/cirquedusoleil and follow the
links and instructions to complete and submit the registration form including a
valid home address. P.O. Boxes are not permitted. You automatically will receive
one (1) entry into the Sweepstakes.
At an Infiniti Kiosk at Select Cirque du
Soleil Performances: During the Promotion Period, hand print or
electronically complete an Official Entry Form, including your name, home
address (no P.O. Boxes permitted), date of birth, telephone number (not
required) and email address, if any, where offered at an Infiniti Kiosk at
participating Cirque du Soleil show locations. Deposit the completed paper form
in the designated collection box (no photocopies are permitted) or submit the
electronic form through a designated device and you will receive one (1) entry
into the Sweepstakes. Limit: one (1) entry per person per Cirque du Soleil
event.
At Select Auto Show
Events: During the Promotion Period and at participating Auto Show
events, electronically complete and submit the Official Entry form through a
designated device, including your name, home address (no P.O. Boxes permitted),
date of birth, telephone number (not required) and email address, if any. You
will receive one (1) entry into the Sweepstakes. Limit: one (1) entry per person
per Auto Show event.
Sponsor is not responsible for lost, late,
illegible, incomplete, mutilated, misdirected, technically corrupted or garbled
entries, which will be disqualified, or for problems of any kind whether
mechanical, human or electronic.
Limit: You may enter up to
twenty (20) times during the Promotion Period through any combination of the
methods described, however you may not enter more than one (1) time during a
particular day. Multiple entrants are not permitted to share the same email
address. Any attempt by any entrant to obtain more than the stated number of
entries by using multiple/different email addresses, identities, registrations
and logins, or any other methods will void that entrant's entries and that
entrant may be disqualified. Use of any automated system to participate is
prohibited and will result in disqualification. In the event of a dispute as to
any registration, the authorized account holder of the email address used to
register will be deemed to be the entrant. The "authorized account holder" is
the natural person assigned an email address by an Internet access provider,
online service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address. The potential
winner may be required to show proof of being the authorized account holder.
Grand Prize Drawing: Administrator is an independent judging
organization whose decisions as to the administration and operation of the
Sweepstakes and the selection of the potential winner are final and binding in
all matters related to the Sweepstakes. Administrator will randomly select the
potential Sweepstakes winner from all eligible entries received during the
Promotion Period, on or around May 7, 2012. The potential winner will be
notified by email, mail or phone. Except where prohibited, the potential winner
will be required to sign and return an Affidavit of Eligibility, Liability &
Publicity Release ("Affidavit"), which must be received by Administrator within
ten (10) days of the date notice or attempted notice is sent, in order to claim
the prize. If the potential winner cannot be contacted, or fails to sign and
return the Affidavit within the required time period, potential winner forfeits
the prize. Receiving a prize is contingent upon compliance with these Official
Rules. In the event that the potential winner is disqualified for any reason,
Sponsor will award the prize to an alternate winner by random drawing from among
all remaining eligible entries. Only three (3) alternate drawings will be held,
after which the prize will remain un-awarded. Sponsor will contact winner within
four (4) weeks of winner confirmation to discuss prize fulfillment. Prize will
be fulfilled during the 2012 calendar year. Odds of winning the prize depend on
the number of eligible entries received during the Promotion Period.
Prize: ONE (1)
GRAND PRIZE: An Exclusive Evening with Cirque du Soleil (the "Event").
Prize package includes a private performance by Cirque du Soleil (up to six (6)
performers) for the winner and twenty-five (25) guests in a venue near the
winner's home (based on his/her address at the time of winner notification,
which must be in the 48 contiguous United States or DC). The location and dates
of the Event will be determined by the Sponsor in its sole discretion. If the
winner is not able to attend the Event on the date scheduled, the winner
forfeits the prize. The evening includes a reception with hors d'oeuvres and
beverage. Approximate Retail Value: $28,598.48 (including an estimated Tax
Gross-Up Payment of $9,723.48, as described below). As a condition of attending
the Event, potential guests will be required to execute and provide Sponsor with
a liability and publicity release and any other documentation requested by
Sponsor in its sole discretion. If a potential guest does not provide such
documentation, guest will not be allowed to attend Event. Unless a child of
winner or of another guest, potential guests must be twenty-one (21) years of
age or older as of the date of the Event. If child of winner or another guest
and not yet twenty-one years of age, potential guest must have the requested
documentation signed by guest's parent or legal guardian. Prize is
non-transferable and no substitution will be made except as provided herein at
the Sponsor's sole discretion. Sponsor reserves the right to substitute the
prize (or a component thereof) for one of equal or greater value if the
designated prize should become unavailable for any reason. Winner will be
subject to a verification process which will include winner providing his/her
social security number or taxpayer identification number.
TAX GROSS UP PAYMENT: In addition to
the Event described above, the winner will receive a single cash payment in the
form of a corporate check, which is intended to assist the winner with any
federal, state, or other tax obligations related to the Grand Prize (the "Tax
Gross-Up Payment"). The amount of the Tax Gross-Up Payment will be computed
based upon the actual retail value of the Grand Prize, as determined by the
Sponsor in its sole discretion, and will assume that the winner's combined tax
rate for all federal, state, and other tax obligations related to such prize is
34%, but in no event will the Tax Gross-Up Payment exceed $10,000. The Tax
Gross-Up Payment is estimated to be $9,723.48, assuming an ARV before Tax
Gross-Up Payment of $18,875. The Grand Prize winner's actual tax
liabilities related to the Grand Prize could exceed the Tax Gross-Up Payment.
The Grand Prize winner is solely responsible for all applicable federal, state,
or other tax obligations related to the Grand Prize. Sponsor will not
provide any further assistance toward the winner's tax obligations. The Tax
Gross-Up Payment will be paid to the winner within 30 calendar days after the
Event, but no later than the same calendar year as the Event.
The
Sponsor will issue the winner a Form 1099-MISC reporting the fair market value
of the Grand Prize (including the Tax Gross-Up Payment) for the 2012 calendar
year. This information will also be submitted to the IRS. You are encouraged to
consult with your tax advisor before accepting the Grand Prize.
Release: By receipt of any prize, winner agrees to release
and hold harmless Sponsor, Cirque du Soleil America, Inc., Team Epic, LLC ,
Administrator, and their respective subsidiaries, affiliates, suppliers,
distributors, advertising/promotion agencies, and prize suppliers, and each of
their respective parent companies and each such company's officers, directors,
employees and agents (collectively, the "Released Parties") from and against any
claim or cause of action, including, but not limited to, personal injury, death,
or damage to or loss of property, arising out of participation in the
Sweepstakes or receipt or use or misuse of any prize.
Publicity: Except where prohibited, participation in the
Sweepstakes constitutes the winner's consent to Sponsor's and its agents' use of
winner's name, prize information, likeness, photograph, voice, opinions and/or
hometown and state for promotional purposes in any media, worldwide, without
further payment or consideration.
General Conditions: Sponsor reserves the right to cancel,
suspend and/or modify the Sweepstakes, or any part of it, if any fraud,
technical failures or any other factor beyond Sponsor's reasonable control
impairs the integrity or proper functioning of the Sweepstakes, as determined by
Sponsor in its sole discretion. Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the entry
process or 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. Any attempt by any person to deliberately undermine the
legitimate operation of the Sweepstakes may be a violation of criminal and civil
law, and, should such an attempt be made, Sponsor reserves the right to seek
damages 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.
Limitations of Liability: The Released Parties are not
responsible for: (1) any incorrect or inaccurate information, whether caused by
entrants, printing 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) technical or human
error which may occur in the administration of the Sweepstakes or the processing
of entries; (5) late, lost, undeliverable, damaged or stolen mail; 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 any prize. If for any reason an entrant's entry
is confirmed to have been erroneously deleted, lost, or otherwise destroyed or
corrupted, entrant's sole remedy is another entry in the Sweepstakes, if it is
possible. If the Sweepstakes, or any part of it, is discontinued for any reason,
Sponsor, in its sole discretion, may elect to hold a random drawing from among
all eligible entries received up to the date of discontinuance for any or all of
the prizes offered herein. No more than the stated number of prizes will be
awarded. In the event that production, technical, seeding, programming or any
other reasons cause more than the stated number of prizes as set forth in these
Official Rules to be available and/or claimed, Sponsor reserves the right to
award only the stated number of prizes by a random drawing among all legitimate,
un-awarded, eligible prize claims.
Released Parties are not responsible
in any way for winner's failure to pay taxes. The Sponsor's assistance with
respect to any tax obligation is limited to payment to winner of the Tax
Gross-up Payment, as set forth in these Official Rules.
Disputes: Except where prohibited, entrant agrees that: (1)
any and all disputes, claims and causes of action arising out of or connected
with this Sweepstakes or any prize awarded shall be resolved individually,
without resort to any form of class action, and exclusively by the United States
District Court for the Eastern District of Michigan (Southern Division) or the
appropriate Michigan State Court located in Oakland County, Michigan; (2) any
and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Sweepstakes, but
in no event attorneys' fees; and (3) under no circumstances will entrant be
permitted to obtain awards for, and entrant hereby waives all rights to claim,
indirect, punitive, incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection
with the Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of Michigan without giving effect to any choice of law or
conflict of law rules (whether of the State of Michigan or any other
jurisdiction), which would cause the application of the laws of any jurisdiction
other than the State of Michigan.
Entrant's Personal Information:
Sponsor and ePrize will be collecting personal data about entrants online, in
accordance with their respective privacy policies. Please review the Sponsor's
privacy policy at http://www.infinitiusa.com/global/privacy.html
and ePrize's privacy policy at http://www.eprize.com/privacy-policy.
By participating in the Promotion, entrants hereby agree to Sponsor's and
ePrize's collection and usage of their personal information and acknowledge that
they have read and accepted Sponsor's and ePrize's privacy policy.
Winner List: For a winner list,
visit http://bit.ly/hi2A2S. The winner list
will be posted after winner confirmation is complete.