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Official Rules (Rules must be accepted to enter contest) NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION DESCRIPTION AND TIMING: The Educate to Escape Contest and Sweepstakes (”Promotion”) consists of a “Contest” and a “Sweepstakes” and begins at 12:00 AM Eastern Time (“ET”) on 3/2/08 and ends at 11:59 PM ET on 5/18/08 (the “Promotion Period”). SPONSOR: Ford Motor Company, One American Road, Dearborn, MI 48126. ADMINISTRATOR: Exposure Marketing, Inc., 1000 N. Opdyke Rd., Auburn Hills, MI 48326. ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and District of Columbia (U.S.) who are at least eighteen (18) years of age or the age of majority in his/her state of residence, whichever is older as of date of entry (“Entrant). Employees (and the immediate families [spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside] and members of the same household of such employees, (whether or not related) of Ford Motor Company (“Sponsor”), American Broadcasting Companies, Inc., and their respective parents, divisions, affiliates, dealers, subsidiaries and advertising and promotion agencies, including Team Detroit, Inc. and Exposure Marketing, Inc. and companies involved in the implementation and execution of the Promotion (collectively, the “Promotion Entities”) are not eligible to enter. Promotion is subject to all applicable federal, state and/or local laws and regulations. Promotion is void in Puerto Rico, and U.S. Territories and jurisdictions (including overseas military installations) and where prohibited. AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, Judges and the Administrator which are final and binding in all matters related to the Promotion. For Nominated Schools – For the Contest Entry to be considered, the Principal, Headmaster or other authorized official of the nominated school must provide written consent to the school’s nomination and agree to and accept the Official Rules and the decisions of the Sponsor, Judges and the Administrator. The consent to the nomination will include an undertaking on behalf of the school, if judged to be the winner of the Contest Grand Prize, to accept the Grand Prize and to follow the green makeover recommendations of the consulting firm selected by Sponsor to recommend and implement the makeover and to fully cooperate with the consultant, Sponsor and Administrator in such makeover. Failure to provide written consent in a timely manner may result in disqualification of the Entry. HOW TO ENTER THE CONTEST: To enter the Contest, Entrants must – Visit www.educatetoescape.com (the “Website”) during the Promotion Period and a) agree to the Official Rules; b) complete the Official School Nomination Form; c) answer the essay questions posted on the website, not to exceed 250 words, as to why the school nominated is in need and deserving of an eco-friendly ‘green’ makeover (“Contest Entry(ies)”) and submit as directed. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET on 5/18/08. LIMIT: One (1) Contest Entry per Entrant or email address per Nominated School for the Promotion Period. In the event more than one (1) Contest Entry is received from any one person or email address on behalf of the same School Nomination, the first Entry processed will be considered the only valid Entry received. Multiple Entries from the same person or email address in contravention of these official rules or Entries generated by a script, macro or other automated means will be disqualified. In the event of a dispute, 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. Potential winners may be required to show proof of being the authorized account holder. TO BE ELIGIBLE FOR THE CONTEST, A NOMINATED SCHOOL MUST BE AN ACCREDITED PUBLIC, NOT-FOR-PROFIT PRIVATE OR NOT-FOR-PROFIT PAROCHIAL SCHOOL (ELEMENTARY, MIDDLE, JUNIOR HIGH SCHOOL, OR SENIOR HIGH SCHOOL, ENCOMPASSING KINDERGARTEN THROUGH 12TH GRADES, IN WHOLE OR IN PART), SITUATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA. CONTEST ENTRY REQUIREMENTS: Contest Entries may not exceed 250 words and will be ineligible if they are corrupted, do not meet ALL of the specified requirements or are not able to be viewed due to technical or human error or reasons beyond the control of the Sponsor or the Judges. In addition, a Contest Entry shall be void in the sole discretion of the Sponsor or the Judges if it contains any product or service endorsement, or "commercial tie-ins", or any material deemed offensive, or which might subject Promotion Entities to regulatory or legal action, violate any law, infringe the rights of any person, or could subject them to liability for any reason. By submitting an Entry, Entrant represents and warrants that the Written Essay is (a) wholly original with the Entrant, (b) not previously submitted or distributed elsewhere for any other purpose and does not incorporate or include anything that is owned by any third party or would require the consent of any third party other than the Principal, Headmaster or other authorized official of the nominated school and (c) does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party. Contest Entry becomes the permanent property of Sponsor, and Entrant and Nominated School to the extent necessary, irrevocably assign and transfer to Sponsor all rights in each essay, including without limitation, all copyrights. Sponsor shall have the right to use/edit the Entry in any manner in any and all media, worldwide in perpetuity without further compensation or consent. Upon request of Sponsor, Entrant and Nominated School as requested will provide written consent to the foregoing in a form provided by Sponsor. CONTEST WINNER DETERMINATION AND VERIFICATION: One (1) Grand Prize Contest winner (a Nominated School) will be determined from among all eligible Entries received. Entries will be judged equally based on the answers to the three survey questions and rated on the following criteria: Consumer Interest/Creativity (25%) and the rationale why the nominated school needs and deserves eco-friendly, ‘green’ improvements (75%). Judging of Entries and the determination of the Grand Prize winner will be completed by 6/15/08. The Nominated School featured in the essay having received the highest total score as of the end of the Promotion Period following the judging process will be declared the Grand Prize Contest winner (pending verification of eligibility). In the event of a tie between top scoring Entries at the conclusion of the Promotion Period, the Entries involved will be re-judged by an additional Judge who will serve as a tiebreaker and who will evaluate Entries according to criteria listed above. Judging will be conducted under the supervision of Administrator, an independent judging organization. The individual listed as the nominated school contact in the Entry will be notified by telephone and/or express mail and each will be required to complete and return, in his/her official capacity, an Affidavit of Eligibility and Liability Release and, unless prohibited by law, a Publicity Release (“Affidavit”) within a specified time. The affidavit will include an acceptance of the nomination and the agreement to permit the Sponsor-selected consultant to inspect the school to the extent necessary to make recommendations for the improvements. Failure to timely execute and return the required documents or the return of any prize notification as undeliverable may cause the prize award to be forfeited, at Sponsor’s sole discretion, and prize will be awarded to the school nominated Entry with the next highest score which will be required to complete and return the Affidavit. All taxes, if any, levied on the Contest Prize awarded to a school are solely the responsibility of the winning school. HOW TO ENTER THE SWEEPSTAKES: To enter the Sweepstakes, Entrants must – Visit www.educatetoescape.com (the “Website”) during the Promotion Period, read and accept these Official Rules and follow the instructions to complete and submit the registration form (“Sweepstakes Entry”). All registration information requested must be provided. Registrations must be submitted by 11:59 PM ET on 5/18/08. Limit: One (1) entry per person or email address. Multiple entrants are not permitted to share the same email address. In the event more than one Sweepstakes Entry is received from any one person or email address, the first Entry processed will be considered the only valid entry received. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple or different email addresses or identities will void that Entrant’s Entries and that Entrant may be disqualified. In the event of a dispute, 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. Use of any automated system to participate is prohibited and will result in disqualification. SWEEPSTAKES WINNER SELECTION: The potential Sweepstakes Grand Prize winner will be selected in a random drawing conducted on or about 6/4/08 from among all eligible entries received. Odds of winning Grand Prize depends on the number of eligible entries received. Sweepstakes drawing will be conducted by an independent judging organization. Potential Grand Prize 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. Grand Prize winner will be required to provide his/her Social Security number or tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of prize. In the event that the potential Grand Prize winner is disqualified for any reason, that prize will be forfeited and awarded to an alternate. PRIZES / APPROXIMATE RETAIL VALUE (ARV): One (1) Sweepstakes Grand Prize – 2008 MY Ford Escape Hybrid AWD (ARV $34,000); One (1) Contest Grand Prize – Up to $250,000 to be used for eco-friendly improvements in winning school. GENERAL PRIZE RESTRICTIONS: Sweepstakes – Grand Prize winner is responsible for vehicle registration, license, tax, title and insurance fees and for all costs associated with any available upgrade/option not provided with vehicle and any other expenses related to the acceptance and use of the prize not specified. Winner will be responsible for all applicable taxes (not limited to federal, state local and/or income) and will be required to provide his/her social security or tax identification number for tax reporting services. Sponsor will file an IRS Form 1099 for the fair market value of the prize. Winner must take delivery of vehicles within 30 days of notice of availability from Sponsor-selected dealer near each winner’s residence or prize may be forfeited. Winner must a have valid U.S. driver’s license and proof of insurance to take delivery. Vehicle awarded may differ from any vehicle shown in promotional materials. Vehicle color, options and equipment will be determined by Sponsor in its sole discretion. Contest - Grand Prize will be awarded to or expended on behalf of the winning school (as determined by Sponsor) as directed by the Consultant’s analysis/budget for contracted services in eco-friendly improvements up to $250,000, subject to the written consent and approval of the school Principal, Headmaster or other official with authority to provide such consent and approval. While the school will be consulted on the improvements to be made, the final decision will be made by the Consultant and/or Sponsor; and the school will be required to commit to follow the advice/recommendations of the Consultant. Whereas the intent of the prize is to completely convert the winning school to an eco-friendly facility, various building factors (such as building size, age, condition, zoning, etc.) and total prize budget of $250,000 will determine to what extent this complete conversion is
possible. (Extreme Makeover Home Edition personnel will not be involved in the makeover of the school). Cash will not be awarded directly to the school. Any additions, improvements and/or modifications to the winning school will be completed by a Sponsor-selected licensed contractor(s). Contractor will be responsible, with the cooperation of the school, for ensuring compliance with any local building and zoning laws and regulations and for obtaining any licenses and/or permits required for any of the construction/building performed in relation to this prize. Any and all costs pertaining to the prize beyond the $250,000, including but not limited to design services All Prizes - Prizes may not be transferred nor assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the 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. Except where prohibited by law, acceptance of prize constitutes permission for Sponsor to use the Sweepstakes winner and Contest winner’s names, hometown, likeness, statements (where applicable) and other 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. GENERAL CONDITIONS / RELEASE: By participating, Entrants (a) release Promotion 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 Sweepstakes prize vehicle. Neither Promotion 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 Promotion. Any Entry (Contest or Sweepstakes) will be void if altered, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, late, non-deliverable, tampered with, unauthorized or unintelligible. 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 OR INSTANT WIN GAME 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 Promotion 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 and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.educatetoescape.com and the determination of the Sweepstakes winner will be made, from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole discretion. The determination of the Contest winner will be made per the specifics described in the CONTEST WINNER DETERMINATION section from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole discretion provided that in such circumstances Sponsor reserves the right not to award the Contest prize. 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 Promotion 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 Promotion 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 Promotion, 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 entrants is subject to Ford Motor Company Privacy Policy (http://www.fordvehicles.com/help/privacy/) and Exposure Marketing, Inc.’s Privacy Policy (http://www.emipromo.com/welcome/privacy.html). WINNERS: To receive Promotion results (winners list), send an email with the Subject Line “Educate to Escape Winners List” to WinnersList@emipromo.com. Requests must be received by 06/30/08. © 2008 Exposure Marketing, Inc. |
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