Ford Freedom Unsung Hero Contest
Re. The Tom Joyner Foundation Fantastic Voyage
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO AT THE TIME OF ENTRY ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE AS OF THE DATE OF ENTRY AND HAVE AN INTERNET CONNECTION. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN NOR WILL ANY PURCHASE OR PAYMENT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS CONTEST.
- ENTRY PERIOD: The entry period for the Ford Unsung Hero Contest (the “Contest”) begins at 12:00 a.m. Eastern Time (ET) on January 25, 2016 and ends at 11:59 p.m. ET on February 14, 2016 (the “Entry Period”).
- ELIGIBILITY: The Contest is open only to legal residents of the) United States who as of the date of entry are at least 21 years of age. Employees of Ford Motor Company, Inc. (“Sponsor”) and Reach Media, Inc. (“Administrator”) (collectively, the “Promotional Entities”) and each of the Promotional Entities’ parent companies, subsidiaries, affiliates and advertising, promotion and Internet agencies, and such employees’ immediate family (i.e., parents, children, siblings, spouse) and household members, are not eligible. Void where prohibited by law. In the event of a dispute regarding the identity of any entrant, the entry will be deemed made by the authorized account holder of the email address submitted at the time of entry (i.e., the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address). Entrants (as defined below) must accept cookies or any similar device used to track entries.
- HOW TO ENTER: No purchase is necessary. To enter, a nominator (“Nominator” or “Entrant”) nominates an Unsung Hero (such Unsung Hero, the “Nominee”) that is at least 21 years of age on the website located at http://www.BlackAmericaWeb.com (the “Website”) and follows the entry instructions. The participating Nominator is required to provide their own full name, street address, telephone number, e-mail address and such other information as Sponsor may require. Each Nominator will also be required to identify a living person who is a legal resident of the United States as of the date of entry and must submit an essay of no more than one hundred (150) words written in English describing why the Nominee deserves to receive a prize in the Contest (an “Essay”). Entrants are not permitted to identify themselves as their Nominee. Each Essay must comply with the Submission Guidelines set forth in Section 4 below. Entries must be submitted and received by Administrator by 11:59 p.m. ET on February 14, 2016. Entry times will be determined using Administrator’s computer, which will be the official clock for the Contest. Normal time/data rates or charges, if any, charged by the Internet service provider will apply. There is no limit on the number of entries per person, but each Essay must be original and unique. Submission of duplicate Essays will constitute grounds for disqualification of all parties. Entries will not be returned.
- SUBMISSION GUIDELINES: All Essays submitted in the Contest must comply with the following guidelines: (a) the Essay must be in English and truthful and accurate as deemed in the sole discretion of the Sponsor; (b) the Essay (including the copyright in the Essay) must be owned by the entrant; (c) the Essay must not previously have been published or won any award; (d) the Essay must not depict or refer to any brand or trademark other than those of Sponsor (but please note that reference to Sponsor in the Essay is not required or expected); (e) the Essay must be original and have been written solely by the entrant; (f) the Essay must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable law or regulation or deemed so in the sole discretion of the Sponsor; and (g) the Essay must not contain any material that promotes violence, bigotry or discrimination or that Sponsor, in its sole discretion, deems inappropriate for public viewing. Sponsor reserves the right in its sole discretion to disqualify any Essay that Sponsor determines does not comply with these guidelines or to require the entrant to make such changes to any Essay as are necessary to make it compliant (provided that Sponsor will not be required to permit any entrant to make any such changes or notify them that such changes are needed or required). By submitting an Essay, each entrant certifies that the Essay complies fully with the Submission Guidelines.
- WINNER SELECTION: Judges designated by Sponsor (the “Judges”) will score using their sole discretions of each submitted Essay based on the information contained in the submission which demonstrates that the Nominee is truly an Unsung Hero. The top ten (10) highest scoring Essays, will be a potential finalist, subject to verification of eligibility. Sponsor will have the right in its sole discretion to evaluate Essays in one or more phases. Decisions of the Judges are final. After evaluation of all essays and selection of top 10, those top 10 entries will be placed on www.BlackAmericaWeb.com (“Website”) starting at 6:00am EST on Monday February 29th, 2016 for consumers to vote for which Unsung Hero is most deserving to win the Grand Prize. Online voting will constitute 25% of the final judging round to determine Grand Prize winner. Voting will end at 11:00am EST on Friday March 11th, 2016. Poll Daddy online widget will be placed on Website and will be used for capturing all of the votes from consumers.
- WINNER NOTIFICATION: The nominee will be notified by mail, telephone and/or email or by any means chosen by the Sponsor, at Sponsor’s sole discretion. If the potential winner cannot be reached or has not responded within seventy-two (72) hours of initial notification attempt (Sponsor reserves the right not to leave voice mail or messages on answering machines), he or she will be disqualified and the prizes awarded to an alternate winner and Nominee. The nominee will be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability (certifying, among other things, that the Essay is original, was written solely by the entrant and is truthful and accurate and that the submission does not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights) and, if legally permissible, a Publicity Release, within three (3) days of attempted delivery of same. The Nominee identified in the winning Essay (“Potential Winner”) must complete a Prize Acceptance Agreement and must list the guest who will accompany the Nominee on the trip that comprises the Grand Prize (as defined below) complete a Publicity/Liability Release, and must return the completed documents to Administrator within the time period specified by Administrator. If a Potential Winner fails to respond to any notification attempt within the time period specified by Administrator, or if any attempted notification or prize delivery is returned as undeliverable, or if the Potential Winner, or guest fails to complete and return any required documentation within the specified time period, the Potential Winner may be disqualified and an alternate winner and Nominee selected. Without limitation of the foregoing, if the Potential Winner declines to accept the Grand Prize or does not complete and return any required documentation, the Potential Winner will be disqualified and the Grand Prize awarded to an alternate winner and Nominee. Verification of eligibility may include, without limitation, a background investigation of the Potential Winner, and Entrants agree to supply and to cause their Nominees to supply any authorizations or permission deemed necessary by Administrator in connection with any such investigation.
- PRIZES: One (1) Grand Prize will be awarded. Grand Prize: The Grand Prize, awarded to the Nominee who is the subject of the winning Essay (subject to verification of eligibility and satisfaction of all requirements set forth in these Official Rules), is (a) an eight (8) day, seven (7) night The Tom Joyner Foundation Fantastic Voyage cruise setting sail Saturday, April 23-Sunday, May 1, 2016 for the Nominee and one (1) guest. The trip consists of round-trip coach class airfare between a major airport near the Nominee’s home and an airport near the cruise embarkation point (both airports determined by Sponsor in its sole discretion) and a double occupancy room aboard the cruise ship for the Nominee and one (1) guest (room rates and taxes only; size, location and type of room determined by Sponsor). The cruise will be provided subject to the cruise promoter’s standard contract and terms and conditions. Restrictions may apply. If the Nominee resides within 250 miles of the cruise embarkation point (as determined by Administrator in its sole discretion), Administrator will have the right in its discretion to substitute ground transportation of Administrator’s choice for air transportation. The Nominee’s guest must be 21 years of age or older. The Approximate Retail Value (ARV) of the Grand Prize is $4,320. The exact value will depend on where the Nominee resides and market conditions at the time of prize fulfillment. All Grand Prize details, including the specific trip dates and itinerary, will be determined by Administrator in its sole discretion. Travel and accommodation restrictions (including blackout dates) and other additional restrictions may apply. If the winner is not available for the trip on the dates specified by Administrator, the prize will be forfeited. The winner and guest must travel together on same itinerary and are responsible for obtaining and maintaining all required travel documents (which may include, without limitation, photo identification, a birth certificate and/or a passport) and follow all rules and regulations of the cruise operator. Promotional Entities are not responsible for any cancellation or postponement of any portion of the trip or any other activity that is expected to comprise part of the Grand Prize. Notwithstanding the above, in the event the winning Nominee has already booked and/or paid for a cabin on the cruise referenced herein, such Nominee shall not be entitled to any refund of any payments made or otherwise any obligations connected with such booking on the cruise. General Prize Terms and Conditions: All federal, state, local taxes on the value of any prize, if applicable, are the responsibility of the prize recipient. An IRS form 1099 will be issued in the prize recipient’s name if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive any prize is permitted, except in the sole discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Each prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize (including without limitation, meals, insurance, incidentals, food and beverages, souvenirs, gratuities and additional transportation) are the responsibility of the winner. All prize details will be determined by Sponsor in its sole discretion.
- GRANT OF RIGHTS: The top 10 entries grant permission to Promotional Entities and its parent companies, subsidiaries, affiliates, sponsor, promotional partners, contractors and agents and all suppliers of prizes and/or prize components for the Contest, and those that any of them may designate from time to time, to use the entrant’s name, likeness, voice, biographical information and Essay, including without limitation, reproducing, modifying, altering or amending the Essay, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial and other purposes (including, without limitation, advertising and promotion), without any additional notice, consent or compensation (except where prohibited by law). Without limitation of the foregoing, by entering the Contest each entrant agrees that the Promotional Entities have the right to display the entrant’s Essay online at Promotional Entities website and social media channels for public viewing and/or comment.
- RELEASE: The Promotional Entities and each of their successors, assigns and agents and all other companies involved in the development or execution of the Contest or the provision of any prize, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”) are not responsible for late, lost, delayed, illegible, damaged, destroyed, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human or technical errors of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Contest. The Released Parties are not responsible, and will have no liability, for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause any postponement or cancellation of any trip, concert, event or any component of any prize. The Released Parties are not responsible, and will have no liability, for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. The Released Parties are not responsible, and will have no liability, for any damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. By entering, each entrant releases and agrees to hold each of the Released Parties harmless from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, that the entrant ever had, now has or might in the future have arising in any way from or related to this Contest, including without limitation any claims, demands, injuries, costs, attorney fees, rights, liabilities or causes of action arising in any way from or relating to the entrant’s participation in the Contest, the acceptance or use of any prize, the use by any of the Sponsor Parties of any Essay or any other exercise by any of the Sponsor Parties of the rights granted herein (including, but not limited to, any use of an entrant’s Essay, name, likeness, voice and/or biographical information). The foregoing release includes, without limitation, a release of any and all liabilities, claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any property damage or loss. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or the acceptance or use of any prize or travel to or participation in any prize-related activity.
- GENERAL TERMS: Promotional Entities reserve the right, in its discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Website or the Contest by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Promotional Entities, or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTIONAL ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated devices, programs or methods to submit entries is prohibited and Promotional Entities reserve the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, technical failure, entrant/nominee fraud or misconduct, or other causes beyond the control of the Promotional Entities corrupt the administration, integrity, security or proper operation of the Contest. Neither the Sponsor or any of the released parties are responsible for computer malfunctions, network connections, email or voicemail delivery problems, systems failures or incompatibility or interruptions in Internet service. In the event of termination of the Contest, a notice will be posted online and the winner will be selected from among all eligible entries received prior to the time of termination. All entries become the property of Promotional Entities and will not be verified or returned. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. By entering the Contest, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and by entering each entrant waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Texas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Texas. Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest shall be an action at law for the recovery of monetary damages only, and in no event shall any of the rights acquired or to be acquired by any of the Released Parties hereunder be affected or impaired. Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the exercise by any of the Sponsor Parties of any of their rights hereunder or to terminate or rescind any of the rights granted herein. Non-compliance with these Official Rules will result in disqualification. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in Dallas, in Dallas County in the State of Texas, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. Failure by the Sponsor or Promotor to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
- WINNER’S NAME AND RULES REQUESTS: For the name of the winner, available, March 18th, 2016, or a copy of these Official Rules, send a self-addressed, stamped envelope to: to Ford Unsung Hero Contest, c/o Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. Request must be received no later than Friday, April 15th, 2016. These Official Rules are also available online at www.BlackAmericaWeb.com.
- SPONSOR: Ford, One American Way, Dearborn, MI 48126.