WIN A TESLA MODEL Y PERFORMANCE AND $10,000 CASH SWEEPSTAKES
NO PURCHASE, PAYMENT OR DONATION NECESSARY TO ENTER OR WIN. NEITHER A PURCHASE, PAYMENT NOR DONATION WILL INCREASE YOUR CHANCES OF WINNING.
The Win a Tesla Model Y Performance and $10,000 Cash Sweepstakes (the “Sweepstakes”) begins on September 7, 2021 at 9:00 a.m. EST and ends on December 20, 2021 at 11:59 p.m. EST (the “Sweepstakes Entry Period”). The Sweepstakes is sponsored by CharityStars, Inc. (the “Sponsor”).
The Sweepstakes is only open to individuals who are at least eighteen (18) years of age at the time of entry. Regrettably, residents of certain countries will be unable to enter the Sweepstakes for a variety of reasons, which include local sweepstakes and contest laws and compliance legislation. These countries/provinces are all countries on the United States’ list of embargoed countries (which you can find here), Afghanistan, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or entry into an Experience.. Other countries are void where prohibited. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes. VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
3. HOW TO ENTER
There are three ways to enter during the Sweepstakes Entry Period:
a. Enter by Donating. Participants may enter the Sweepstakes by visiting www.charitystars.com/tesla (the “Sweepstakes Website”) and donating to The Jamie Kimball Foundation for Courage (the “Charity”) by following the on-screen prompts. In certain cases, you will receive one or more entries into the Sweepstakes. Unless otherwise stated on the Sweepstakes Website, if you donate $10 you will receive 100 entries; $25 you will receive 250 entries; $35 you will receive 500 entries, $50 you will receive 1000; $100 you will receive 2000; $200 you will receive 5000.
b. Enter Without Donation By Mailing In. To enter the Sweepstakes without donating, visit the Sweepstakes Website, print the free entry form. Place the completed entry form in an envelope, with the name of the sweepstakes you are entering written on the back and mail to CharityStars Inc, 3540 Toringdon Way, Suite 200, Charlotte, NC 28277. Upon receipt of your mail in entry form you will receive 1000 entries into the Sweepstakes. Your envelope must be postmarked within the Sweepstakes Entry Period and received within seven business days of the close of the Sweepstakes Entry Period. Only one entry form per envelope will be accepted. No illegible, incomplete, forged, mechanically reproduced or altered entries will be accepted. All entries become the property of Sponsor and will not be returned.
c. Receive Entries Through Referrals. Additional entries in the Sweepstakes may be earned by referring a friend. For each donation made during the Sweepstakes Entry Period you have the opportunity to share a unique link. For each referred donation made through your unique link, regardless of amount, you will receive 100 additional entries as stipulated on the campaign page sharing section. Multiple entrants are not permitted to share the same email address. Please see the Sweepstakes Website for additional details. Additional entries may also be earned from time to time by completing tasks specified on the Sweepstakes Website, which may commence during the course of a sweepstakes. Please see the Sweepstakes Website for additional details.
Limit of 10,000 entries per person for the Sweepstakes regardless of method of entry. Entrants are not permitted to share the same email address. Any attempt by any participant 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 participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. 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 registrant or player. 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. Potential winner may be required to show proof of being the authorized account holder. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Sweepstakes.
4. SELECTION OF WINNER
On or about January 10, 2022 (the “Drawing Date”), Sponsor will select the winner of the Sweepstakes (“Sweepstakes Winner”). The Sweepstakes Winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Entry Period. The selected entrant will be contacted on or about the Drawing Date using the email address provided with the entry and will be awarded the Sweepstakes Prize subject to verification of eligibility and compliance with the terms of these Official Rules. Failure by entrant to respond to the initial verification within 72 hours of notification after three (3) attempts will result in disqualification and Sponsor will select an alternate Sweepstakes Winner in the same manner. In the event that a potential Sweepstakes Winner is disqualified for any reason, Sponsor will award the applicable Sweepstakes Prize to an alternate Sweepstakes Winner.
Odds of winning depend on the number of eligible entries received during the Sweepstakes Entry Period.
6. VERIFICATION OF WINNER
POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER, AND ALL OTHER MATTERS RELATED TO THE SWEEPSTAKES. The potential Sweepstakes Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Sweepstakes Winner may be selected. At Sponsor’s discretion, a background check may be performed which the Sweepstakes Winner would have to pass in order to receive the Sweepstakes Prize. In the event the potential Sweepstakes Winner: (a) cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) declines or cannot accept, receive or use the Sweepstakes Prize for any reason; (c) is found to be ineligible to enter the Sweepstakes or receive the Sweepstakes Prize, cannot or does not comply with the Official Rules, or (d) fails to fulfil the Affidavit-related obligations, the potential Sweepstakes Winner shall be disqualified from the Sweepstakes and an alternate potential Sweepstakes Winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate potential Sweepstakes Winner, if any.
7. GRAND PRIZE
One (1) grand prize will be awarded. Grand prize winner will receive the following prize package:
· 2022 Tesla Model Y with performance package, in winner’s choice of standard exterior color with auto-steer, 21” Uberturbine Wheels, Black and white premium, five-seat interior and a 1-year premium connectivity trial (ARV: $63,990.00 USD);
· $10,000.00 USD (the “Grand Prize”).
The total Approximate Retail Value of the Grand Prize is $73,990.00 USD. Any Grand Prize elements not specifically described in this Section may be determined by Sponsor, in its sole and absolute discretion. Sponsor may, in its sole and absolute discretion, present Winner with one or more Grand Prize options, from which Winner may choose one. However, Winner is not guaranteed or entitled to have the ability to request or demand any Prize elements that are not specifically stated in this section.
If delivered in the United States, The Grand Prize will be delivered with applicable US sales tax, shipping fee’s and registration fee’s paid. In all other countries, the Grand Prize will be shipped (net of all taxes) to the nearest deliverable location, at the Winner’s solo expense. Any applicable import duties, registration costs or further taxes or duties of any nature due in the destination country will be the responsibility of the winner.
CASH ALTERNATIVE - - If Grand Prize Winner does not wish to take delivery of the Grand Prize, or Sponsor determines that it cannot timely deliver the Grand Prize to the Winner for any reason, including without limitation due to legal restrictions, a force majeure event, failure of construction, or any other reason, the Winner may elect to take a cash alternative of $51,192.00 USD (the “Cash Alternative”). No additional prizing or compensation of any kind will be provided beyond the $51,192.00 USD, if the Cash Alternative is awarded.
Winner must advise Sponsor in writing on or before the deadline provided in writing from Sponsor, as to Winner’s selection. If Winner does not timely notify the Sponsor in writing that (s)he is electing to accept the Grand Prize, then Winner shall forfeit the opportunity to elect the Grand Prize and Winner will automatically receive the Cash Alternative, and not the Grand Prize.
Sponsor reserves the right to require Winner to take the Cash Alternative and remove the option of the Grand Prize in the event that the Grand Prize cannot be fully awarded or otherwise delivered to Winner within twelve (12) months of the Entry Period, for any reason, including without limitation due to a force majeure event, legal restrictions, supply chain disruptions, Prize supplier cancellation or delays, or failure of construction.
Except as explicitly stated, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted or redeemed for cash by Winner. Unless noted in the Prize details in this Section, Winner is solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership and/or use.
All third party names and trademarks are the property of their respective owners. This sweepstake is not sponsored, endorsed, or affiliated in any way with Tesla or their affiliates.
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Prize Provider, Beneficiary, and their respective parents, subsidiaries, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising, or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including without limitation, reasonable attorneys’ fees and legal expenses, which arise out of any third party claim, including but not limited to, negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, or death or personal injury arising out of or relating to an entrant’s entry, creation or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of the Sweepstakes Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of the entry. The Sweepstakes Prize is awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, the Sweepstakes Winner’s acceptance of Sweepstakes Prize constitutes the Sweepstakes Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish the Sweepstakes Winner’s first name and last name initial, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by the Sweepstakes Winner regarding the Sweepstakes, Sweepstakes Prize, or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
10. GENERAL CONDITIONS
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, and directors shall not have any obligation or responsibility, including any responsibility to award any Sweepstakes Prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, Sweepstakes Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the Sweepstakes Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Sweepstakes Winner to accept the Sweepstakes Prize for any reason; (f) if the Sweepstakes Prize cannot be awarded due to delays or interruptions due to acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by the Sweepstakes Prize or resulting from awarding, acceptance, possession, use, misuse, loss, or misdirection of the Sweepstakes Prize or participation in this Sweepstakes, or any promotion or prize-related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the Sweepstakes Prize from all eligible entries received during the Sweepstakes Entry Period.
11. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of Sweepstakes Prizes will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Sweepstakes Prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate North Carolina State Court located in Mecklenburg County, North Carolina; (c) 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 (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. 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, 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 North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
13. WINNERS LIST
The first name, last initial, city and state of the Sweepstakes Winner and a copy of these Official Rules will be available on the Sweepstakes Website shortly following the Drawing Date and for ninety (90) days thereafter.
CharityStars, Inc. 3540 Toringdon Way, Suite 200, Charlotte, NC 28277.
Prize Provider and Beneficiary: The Jamie Kimball Foundation for Courage. 1850 E 3rd St Suite 100, Charlotte, NC 28204
Copyright 2021 CharityStars, Inc. All rights reserved. CharityStars, Inc. and the associated logos are trademarks of CharityStars, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.