Mazda Drive 4 Good
Program Terms and Conditions
1. Eligibility: Mazda Drive 4 Good (the "Program") is open to legal residents of the fifty (50) United States (including D.C.), eighteen (18) years old or older at the time of entry who purchase or lease a new Mazda vehicle from an authorized Mazda franchise dealer from November 21, 2016 through January 3, 2017. Employees of Mazda Motor of America, Inc., The Garage Team, Mazda, Inc., Thismoment, Inc., HelloWorld, Inc., 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. Void where prohibited.
2. Timing: Program begins on November 21, 2016 at 12:00 a.m. Eastern Time ("ET") and ends on January 3, 2017 at 11:59 p.m. ET (the "Program Period"). Sponsor’s computer is the official time-keeping device for the Program.
3. How to Participate: During the Program Period visit http://www.mazdausa.com/drive4good and follow the links and instructions to complete and submit the registration form including the VIN number to the Mazda vehicle you purchased or leased. Your purchase and/or lease must have been made or initiated during the Promotion Period. Then follow the links and instructions to select one (1) of the participating charitable organizations (each, an "Organization") from the provided list to direct a $150 donation from Mazda (“Donation”). Limit: One (1) Donation per VIN number. Multiple participants are not permitted to share the same VIN number. Any attempt by any participant to select more than one (1) Organization per VIN number by using multiple/different identities, registrations and logins, or any other methods will void that participant's selection and that participant may be disqualified.
4. Sponsor: Mazda Motor of America, Inc., 7755 Irvine Center Dr., Irvine, CA 92623. Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
5. Donation Terms: Payments to each Organization will be made by February 20, 2017, except in California where such payments will be made within ninety (90) days of the Program Period start date and every ninety (90) days thereafter. Except as described as follows, there are no minimum and maximum donations for each Organization: the American National Red Cross will receive a minimum donation of $200,000; the American Heart Association, Inc. will receive a minimum donation of $250,000; and St. Jude Children’s Research Hospital will receive a minimum donation of $350,000. For all eligible vehicles purchased or leased during the Program Period for which the customer has not designated an Organization to receive the Donation prior to January 31, 2017 such Donations will be directed, in Sponsor’s sole and absolute discretion, to (i) one or more of the Organizations, including the Mazda Foundation, and/or (ii) other 501(c)(3) tax-exempt, non-profit organizations.
6. Release: By participating in the Program, you agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, 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 Program.
7. Publicity: Except where prohibited, participation in the Program grants to Sponsor and Sponsor's affiliates, agents, legal representatives, assigns and licensee’s all right, title and interest in and to publicize, broadcast, display and/or otherwise use your name, likeness, photographs, voice, opinions and/or hometown and state for advertising and promotional purposes in any media now know or hereinafter devised throughout the world in perpetuity, without additional review, compensation, permission, or approval
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, 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 registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program 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 Terms and Conditions shall not constitute a waiver of that provision.
9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, hacking, or computer viruses; (3) unauthorized human intervention in any part of the registration process or the Program; (4) technical or human error which may occur in the administration of the Program or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; (6) any acts of God, including earthquake, hurricane, tornado, fire, flood, explosion, unusually severe weather; (7) any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid); (8) terrorist acts, war, civil disturbance, insurrection, riot, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, or work slow-down; (9) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program; (10) or any other cause beyond Sponsor’s or Administrator’s sole control.
10. Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program 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 Program, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Program, 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.
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