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WIN A PONTIAC SWEEPSTAKES NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. SWEEPSTAKES DESCRIPTION: The Win a Pontiac Sweepstakes (“Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on 1/11/08 and ends at 11:59 PM ET on 12/31/08 (“Sweepstakes Period”). ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and District of Columbia (“U.S.”) who are 18 years of age or older or of the age of majority in their state of residence, whichever is older, with a valid driver’s license as of date of entry (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of General Motors Corporation (“Sponsor) and their respective parent companies, subsidiaries, affiliates, dealerships, advertising and promotion agencies, including Digitas LLC., Exposure Marketing, Inc. and companies involved in the implementation and execution of the Promotion (collectively the "Promotion Entities") are not eligible. Promotion is void in Puerto Rico, and other US Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. SPONSOR: General Motors Corporation, 100 Renaissance Center, Detroit, MI 48265. ADMINISTRATOR: Exposure Marketing, Inc., 1000 North Opdyke Rd, Auburn Hills, MI 48326. AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes –
Limit: One (1) Entry per person or email address regardless of entry method throughout the Sweepstakes Period. In the event more than one (1) Entry is received from any one person or email address, the first Entry processed will be considered the only valid Entry received. In the event of a dispute, online Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be required to show proof of being the authorized account holder. No mechanical reproductions of entry forms permitted. Sponsor is not responsible for late, misdirected, or illegible Entries. ONE (1) GRAND PRIZE / APPROXIMATE RETAIL VALUE (ARV): Winner’s choice of a 2009 Pontiac vehicle with an ARV not to exceed $40,000. ARV of Grand Prize based on the projected Manufacturer’s Suggested Retail Price. Winner is responsible for vehicle registration, license, title and insurance fees and for all costs associated with any available upgrade/option packages and any other expenses related to the acceptance and use of the prize not specified herein. Winner must take delivery of vehicle within 30 days of notice of availability from winner-selected Pontiac dealer near winner’s residence, subject to Sponsor’s approval. Winner must a have valid U.S. driver’s license and proof of insurance to take delivery. Prize vehicle or any part thereof may differ from any prize shown in promotional materials and may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. Winner will be responsible for all taxes (not limited to federal, state, local and/or income) on prize and will be required to provide, to Administrator, his/her Social Security number or tax ID for tax reporting purposes. Administrator will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of prize. WINNER SELECTION AND VERIFICATION: Potential Grand Prize winner will be selected in a random drawing conducted on or about 1/10/09 from among all eligible entries received. Drawing will be conducted by Administrator, an independent judging organization. Potential winner will be contacted by the Administrator by telephone and email and will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within seven days of receipt. Failure to timely return any required executed documents may cause prize to be forfeited and awarded to an alternate as solely determined by Sponsor. If prize is refused, a prize notification is returned or deemed undeliverable, or potential winner is disqualified for any reason, an alternate winner will be selected. Except where prohibited by law, acceptance of a prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request, winner will provide written consent to such use. Odds of winning depend on the number of eligible entries received. GENERAL CONDITIONS / RELEASE: By participating, Entrants (and if an eligible minor, their parents or legal guardians) (a) release Sweepstakes Entities, their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, but not limited to the prize quality or availability except for Sponsor and the limited warranty provided with the Grand Prize vehicle. Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES 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. If for any reason the Sweepstakes is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to disqualify any suspect Entry or entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.pontiac.com/win and the determination of the Grand Prize winner will be made, from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification. DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or 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 or the appropriate Michigan State Court located in Oakland County, Michigan; (b) 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 (c) under no circumstances will registrant be permitted to obtain awards for, and registrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of 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 State of Michigan. ENTRANT'S PERSONAL INFORMATION: Information collected online from U.S. entrants is subject to the General Motors Corporation’s Privacy Statement for U.S. Consumers (http://www.gm.com/privacy/) and Exposure Marketing, Inc.’s Privacy Policy (http://www.emipromo.com/welcome/privacy.html). WINNER / RULES: For the name of the Sweepstakes winner and/or a copy of these Official Rules, mail a stamped, self-addressed envelope to: Win a Pontiac Sweepstakes Request, P.O. Box 181, Byron, MI 48418. Specify “winner list” or “rules” on your request. Requests must be received by 12/31/08. © 2008 Exposure Marketing, Inc. |