Damar Hamlin Contest Rules
Terms and Conditions for Sweepstakes to win a Dinner with Damar Hamlin
Entry into the sweepstakes will be deemed as acceptance of all these terms and conditions. To enter, entrants must be a real person, at least 18 years old, with a valid form of ID. Entrants must not be an officer or agent, or direct family relation of any such person, of the organizations involved in this sweepstakes. To enter visit any one of our ten participating Vision Auto Group locations and register for the sweepstakes. Entry is limited to one registration per person per location per day. No responsibility can be accepted for entries not received for whatever reason. The entry registration form must be fully completed, and failure to fully complete the form may result in disqualifying the entry. If the sweepstakes entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances. Competition entries will not be returned at any time after submission. An entrant’s failure to abide by sweepstake terms and conditions may subject the entrant to disqualification from the sweepstake.
Prize includes transportation to and from the dinner with Damar Hamlin on December 5, 2023. The total value of the Prize is valued at less than $5,000. After entry closes, one winner from each location will be selected at random from the entries made at that location. No purchase or payment is required to participate or win, and purchase or payment does not increase the odds of winning. Ability to enter starts on November 1, 2023, and closes on November 20, 2023. Entries have an equal opportunity to win at the location they are registered with. Persons selected will be asked to provide a valid form of ID and be subject to a background check. Entrants’ background must be clear of any felony convictions to be eligible to win.
Winners will be notified of the results by phone and/or email after November 20, 2023 and at least 3 days prior to the dinner on December 5, 2023. Reasonable efforts will be made to contact the prize winners, but if a winner fails to respond to our notification attempts or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant. We reserve the right to offer the prize to another randomly selected eligible entrant from the same location who shall be subject to the same terms and conditions.
The dinner with Damar Hamlin will be in Buffalo New York. Winners will meet at a specific Vision store location for the provided transportation to and from the dinner. Each winner is responsible for providing their own transportation to and from the Vision store location. The Vision store location will be announced to the winners after their selection.
No cash alternative to the prizes will be offered. The prizes are not transferable.
We may undertake publicity activities related to the sweepstake, prize, and winners. Winners agree to the use of their name and photograph in any prize winning publicity and prize details.
MANDATORY MEDIATION: Before any party institutes or pursues a legal action or claim, other than one that is expressly outside the scope of the arbitration provision, the parties must first mediate the dispute before a court certified mediator, which mediation shall be conducted via telephonic appearance, such as zoom, or in the county where participating Vision dealership is located. The parties shall jointly select the mediator and equally divide the cost of mediation. The parties shall use good faith in selecting the mediator and participating in the mediation.
ARBITRATION AGREEMENT & JURY TRIAL WAIVER: The sweepstake and these terms and conditions will be subject to the laws of the state of New York. Any controversy, claim, suit, demand, counterclaim, crossclaim, or third party complaint, arising out of, or relating to this contest or the parties relationship (whether statutory or otherwise), including the validity and enforceability of this arbitration provision, (collectively referred to as “Claim”) shall be submitted to final and binding arbitration in the county and state where the participating dealership is situated. (1) The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C §1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive any termination or completion of the contest. (2) All parties agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. The parties agree that the arbitrator may not consolidate proceedings of more than one persons claims. ENTRANTS EXPRESSLY WAIVE ANY RIGHT IT MAY HAVE TO ARBITRATE A CLASS OR MASS ACTION. The arbitration shall be administered by JAMS Arbitration, Mediation and ADR Services, 600 Brickell Ave., Suite 2600, Miami, FL 33131 (www.jamsadr.com) or any other nationally recognized organization that the parties may choose, subject to mutual approval. The arbitration shall be guided by and apply the federal rules of evidence and governing substantive law in making an award. The parties agree that discovery will be minimal: one deposition for each party; each party may propound a single request for admissions, a single set of interrogatories, and single request for production, each request limited to ten items, including sub-parts. The parties on written agreement signed by each may agree to additional discovery or the arbitrator on application of a party and a hearing on such application may permit limited additional discovery, but at no point will such discovery exceed discovery limitations set by the Federal Rules of Civil Procedure. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrators award for a party is $0 or against a party in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to the arbitration services rules and a final determination by the arbitrator of a fair appointment of costs. All parties retain any right to self-help remedies. No party waives the right to arbitrate by using a self-help remedy or filing suit. Any court having jurisdiction may enter judgement on the arbitrator’s award. To the extent any part of this provision is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining clause in this provision shall survive. IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, THE ENTRANT UNDERSTANDS AND AGREES: (1) TO RESOLVE ALL DISPUTES WITH DEALERSHIP BY BINDING ARBITRATION RATHER THAN THROUGH LITIGATION IN ANY COURT; (2) THAT THE ENTRANT GIVES UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM AGAINST DEALERSHIP, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBTIRATIONS; (3) THAT OTHER RIGHTS THAT ENTRANT AND DEALERSHIP WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; AND (4) THAT ENTRANT WAIVES ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.
CONSENT TO COMMUNICATION: By providing or updating cellular phone information, Entrant authorizes Dealership to call or send SMS text messages or to use an automatic telephone dialing system or prerecorded message to entrant’s cell phone to provide information about the contest, the entry or registration, prizes, or for any marketing purpose. Entrant understands that standard cellular message and data rates may apply, and that entrant can revoke their consent at any time. Entrant further authorizes Dealership to communicate via email and mail to provide information about the contest, the entry or registration, prizes, or for any marketing purpose.
To the extent any part of these terms and conditions is ruled illegal or unenforceable by an arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining clauses in this agreement shall survive.
We reserve the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control.