Rules and Regulations

Official Rules

Mustang Dream Giveaway 2010 to benefit Healing Heroes Network

The 2010 Mustang Dream Giveaway (“Sweepstakes”) is a sweepstakes designed to raise funds for Healing Heroes Network, Inc. (“HHN”) the sponsor, a national 501(c) 3 charitable organization located at 31640 US Highway 19 N, Suite 2, Palm Harbor, FL 34684. For additional information on the charity please visit www.healingheroes.org. The Sweepstakes Grand Prize is a 1967 Shelby GT500 and a 2010 Shelby GT500 Patriot Edition (approximate retail value $250,000) or an alternate cash prize of one hundred thirty-three thousand four hundred dollars. Other than the Grand Prize herein described, no other prizes of any kind will be awarded. The Grand Prize will be awarded to one Grand prize Winner “GPW” selected by an electronic random drawing conducted by an independent third party accounting firm on July 3, 2010. The selection of the GPW by the accounting firm will be certified, final, binding and non-transferable in all respects. All prizes are guaranteed to be awarded free and clear from liens or encumbrances. Sweepstakes begins on November 1, 2009 and all entries must be received and processed by 11:59 PM EST, July 2, 2010. All entries become the property of Healing Heroes Network. Use of this web site is subject to posted privacy policy on this web site; if you do not agree to the privacy policy on this web site, do not use the web site and/or enter the sweepstakes. NO PURCHASE OR CONTRIBUTION IS NECESSARY TO ENTER OR WIN. A CONTRIBUTION WILL NOT IMPROVE YOUR CHANCES OF WINNING. Eligibility: Sweepstakes open to legal U.S. and Canadian residents, (except Quebec) and to residents of other countries and U.S. territories and possessions only where offered and permitted by law. All residents of countries subject to embargo by the United States of America (including but not limited to Iran, North Korea) are prohibited from entering this Sweepstakes.  HHN makes no representation that materials on the sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to enter this Sweepstakes from other locations do so of their own initiative and are responsible for compliance with local laws. Entrants must be 18 years of age or older. Entries are limited to twenty-five individually processed orders by any method, per entrant for this sweepstakes. No employees of HHN or members of its Board of Directors their immediate family members (defined as spouse or children) are eligible to participate. The same ineligibility applies to the independent accounting firm responsible for selecting the winner, consultants, affiliates, contractors, their employees and immediate family members (defined as spouse or children) that provided web site or database related services for the Mustang Dream Giveaway sweepstakes. Individuals that are affiliated with or employed by companies, organizations or vendors that assist HHN by distributing brochures, sending promotional email messages, placing public services announcements, advertisements or commercials, or other services are not excluded from participation. VOID WHERE PROHIBITED BY LAW.  Entry: There are four methods to obtain tickets to enter the sweepstakes. The first method is to enter via the web site www.winthemustangs.com. With this method, after completing the ticket entry process, entrants will be sent a return e-mail confirmation containing a link to their ticket(s). The entrant can then print their tickets or store them as desired. The second method is by placing a call to the toll free ticket hotline at 877-700-U-WIN (877-700-8946). Minimum contribution using this method will be $20.00. The third method is to mail in your entry form with payment to Healing Heroes Network P.O. Box 17573 Indianapolis, Indiana 46217-7573. No mechanically reproduced entries will be honored. Mail in entries must be received and processed no later than 11:59 PM EST July 2, 2010. If the entrant chooses to have their tickets delivered via USPS on any of the above methods, rather than e-mail, a $1.95 service charge will be added to their ticket order. The last method is to enter via free entry processing. Free Entry Processing: There is no fee or charge to participate in Sweepstakes. You are under no obligation to make a contribution and you cannot be barred from participation if you choose not to make a contribution. Making a contribution will not increase your odds of winning. To enter via the “Free Entry Processing” method, mail one self-addressed postage paid business size (# 10) envelope to Healing Heroes Network P.O. Box 17573 Indianapolis, Indiana 46217-7573, except in Vermont (Vermont regulations interpret return postage requirements to be "consideration" for participation, therefore Vermont residents are not required to affix return postage). Include your: name, address, telephone or e-mail, and contact information for each entry. Entries must be received and processed no later than 11:59 PM EST July 2, 2010. Limit one entry per outer envelope. To receive your free entry you MUST include either of the following per entry: a) a copy of government issued identification verifying that entrant is age 18 years-of-age, or older, or b) a statement certifying that entrant is 18 years-of-age or older. One free entry will be returned in the envelope provided. The use of robotic, automatic, macro, programmed, or multiple entries sent in bulk mail, or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” entrant) is strictly prohibited. Disclosures: You have not yet won this sweepstakes. The IRS has taken the position that amounts paid for chances in drawings for valuable prizes are not gifts, and consequently do not qualify as charitable contributions. HHN makes no representations as to condition, warranties, or fitness for a particular use, originality, mileage, or compliance with safety or emissions laws or regulations, of the Grand Prize, and GPW agrees to accept the Grand Prize “AS IS”, “WHERE IS”. In the unlikely event that the Grand Prize is damaged, stolen or unavailable, HHN reserves the right to substitute a prize or prizes of equal or greater value. Sponsor reserves the right to make changes in the rules of the contest, which will become effective on the date published on the web site www.winthemustangs.com. Release: By entering the Sweepstakes the entrant agrees to hold harmless HHN and its affiliates including the company’s officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any claim or cause of action arising out of the entrant’s participation in Sweepstakes. The GPW assumes all liability for operation of the Grand Prize after delivery and recognizes that the high-performance nature of the vehicles that comprise the Grand Prize carry the potential for harm, danger, injury and loss of life and agrees to hold Released Parties harmless from any damages resulting from GPW’s acceptance, operation or use of the vehicles comprising the Grand Prize. Odds: The Odds of winning this sweepstakes are based on the total number of valid entries received. Odds of winning = 1 divided by total number of entries received. General Conditions: HHN reserves the right, in its sole discretion, to: (a) cancel, modify, suspend, terminate and/or postpone the Sweepstakes if factors beyond its reasonable control (e.g., fraud, force majeure events; newly enacted legislation; systems malfunctions, failure or difficulties) materially alters, impairs or prevents the administration, conduct, operation, or security of the Sweepstakes; (b) disqualify any individual that tampers with or disrupts the administration, conduct operation, security of the Sweepstakes or otherwise acts in violation of these Official Rules; and/or (c) select a potential winner from all eligible entries received prior to any termination of the Sweepstakes. Any attempt by any individual(s) to tamper with the administration, conduct, operation or security of the Sweepstakes may be guilty of criminal and/or civil law. Should such an attempt be made, HHN reserves the right to seek damages from such individual(s) to the fullest extent permitted by law. HHN’s failure to enforce any term of these Official Rules will not constitute a waiver of these rights. In the event that information, in any published ad, press release, article, brochure, or any other communication regarding the Mustang Dream Giveaway conflicts with the Official Rules, the Official Rules shall take precedence over all other communications or published materials. Awarding of Prize: On July 3, 2010, an independent accounting firm will randomly and electronically select a conditional GPW and two alternates. The conditional GPW be notified using the contact information entered on the ticket purchase form, within 7 days from the drawing and notified that they were selected as the GPW and will be conditionally awarded the Grand Prize in the Sweepstakes. The GPW need not be present at the drawing. The conditional GPW will be notified by certified mail, phone, or e-mail within 7 days of the drawing. Within 10 days following notification, the conditional GPW must execute an Affidavit of Eligibility, Liability Release, and a Publicity Release (except where prohibited by law) and IRS form W-9 and return same to HHN. Along with the required documentation, HHN will include a statement indicating the estimated fair market value of the Grand-prize. This statement shall include the amount HHN is required by IRS regulations to collect from the GPW prior the GPW accepting delivery of the Grand-prize. If the GPW is a Canadian resident, to win, the conditional GPW must first correctly answer, unaided, a time-limited mathematical skill testing question administered by telephone. If the conditional GPW fails to comply, the Grand Prize WILL BE FORFEITED and, at HHN’s discretion the next alternate GPW will become the new conditional GPW. If GPW notification is returned as non-deliverable or any conditional GPW is not in compliance with the Official Rules, such conditional GPW will be disqualified and, at HHN’s discretion, the first alternate will be officially deemed to be the conditional GPW. Once the conditional GPW has complied with the above requirements, the conditional GPW will be certified as the Official Grand Prize Winner. Once this occurs, arrangements will be made to award the Grand Prize. By complying with the above conditions the GPW waives the right to assert, as a cost of winning the Grand Prize, any and all costs of redemption or travel to redeem Grand Prize and any and all liability that may arise from redeeming or seeking said prize. The GPW must provide proof of insurance on both vehicles and a valid driver’s license in order to receive the Grand Prize. The Grand Prize will be awarded at 570 Executive Drive, Troy, Michigan on July 31, 2010 or at a reasonable alternate location and date determined by HHN, subsequent to GPW meeting all requirements. Taxes: GPW is responsible for all taxes resulting from winning the Grand Prize including all federal, state and local, taxes, fees, assessments and like charges. The federal income taxes associated with winning the Grand-prize shall be based upon the estimated fair market value of the Grand-prize as of the date the winner receives it, less any amount of tickets purchased (net value). The GPW may choose an alternate cash prize in the amount of one hundred thirty-three thousand four hundred dollars in lieu of the two Mustangs. The net fair market value of the prize chosen will determine the amount of withholding tax HHN is required by IRS regulations to collect from the GPW prior to delivery of the Grand Prize. GPW will pay required withholding tax amount with bank certified funds at least five business days prior to the Award Ceremony.  If the GPW fails to comply with the withholding requirement, the GPW will forfeit the Grand-prize and an alternate conditional GPW will be selected. Publicity: Except where prohibited by law, the GPW’s entrance and acceptance of the Grand Prize constitutes permission to HHN and its representatives to use the GPW’s name, likeness, statements, biographical information, voice, voice likeness, and city and state address on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity without further compensation, notification or permission. Furthermore, all entrants agree that should they be selected as the GPW, HHN may disclose their name, city and state on any web sites including but not limited to www.winthemustangs.com and identify them as the winner of the sweepstakes. Privacy: An entrant’s personal information, provided in conjunction with Sweepstakes, will be utilized by HHN and/or its representatives for the purpose of selecting the GPW and awarding the Grand Prize and will be kept as long as required by law. Entrants may also receive mailings, updates, solicitations, e-mails from HHN or its representatives or sponsors. Receiving these communications is optional and is not a condition of participating in the Sweepstakes or winning the Grand Prize and does not improve an entrant’s chances of winning. In the event an entrant does not wish to receive these promotional communications, he/she or they may opt-out by following the opt-out procedure listed in the privacy section of the web site. Limitation of Liability: Released Parties will not be responsible for any (a) printing or typographical errors in any materials associated with the Sweepstakes; (b) unauthorized human intervention in any part of the Sweepstakes;(c) technical failures of any kind, including but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail or e-mail; (f) conditions caused by events beyond the control of HHN, its agents or representatives which may cause the Sweepstakes to be disrupted or corrupted; or (g) injury or damage to persons or property including but not limited to death which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or the acceptance, operation, use or receipt of the Grand Prize. IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THIS SWEEPSTAKES (OR THE GRAND PRIZE AWARDED OR RECEIVED AS PART OF SWEEPSTAKES), INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Results: To obtain the name of the GPW (available after July 4, 2010) go to the website www.winthemustangs.com. Or send a self-addressed postage paid envelope to P.O. Box 17573 Indianapolis, Indiana 46217-7573. Refunds: No refunds will be issued for tickets purchased after June 15, 2010. Payment for tickets purchased after the entry deadline will be returned to entrant. Disputes: (a) Choice of Law. This Sweepstakes, and the rights and obligations thereunder, will be governed by and construed in accordance with the laws of the State of Florida, excluding conflicts of law rules which might apply the law of a different jurisdiction. (b) Good Faith Negotiations. Best efforts will be used to resolve any and all claims and disputes arising under the Sweepstakes through good faith negotiations and without initially resorting to litigation, arbitration or other similar proceedings. (c) Binding Arbitration. Any dispute, controversy or claim relating to this Sweepstakes, including but not limited to the interpretation thereof, or its breach or existence, which cannot be resolved amicably, shall be referred to arbitration, which shall be the sole and exclusive forum for resolution and settlement of any dispute, controversy or claim between the parties. The arbitration shall be conducted in accordance with the Rules of the American Arbitration Association then in force and shall be held in Tampa, Florida. Any award of the arbitral authority shall be final and binding upon the parties with respect to all disputes, claims or controversies therein and the parties shall comply without delay. The arbitral authority shall, in its award fix and award the costs and reasonable attorney’s fees to the prevailing party of the arbitration. The award of the arbitral authority may be enforced by any court having jurisdiction of the party against which the award has been rendered or where assets of the party against which the award has been rendered can be located. The parties further understand and agree that arbitration shall be the sole and exclusive forum for resolving any dispute, controversy or claim relating to this Sweepstakes and that neither party shall resort to any court except to compel arbitration, refer questions of law or to confirm, vacate or modify any such award. (d). Except where prohibited, any and all legal action, suit or proceeding with respect to the Sweepstakes will be resolved individually, without respect to any form of class action. Acceptance of Official Rules: Participation in the Sweepstakes constitutes the entrant’s full and unconditional acceptance of the Official Rules and winning the Grand Prize is contingent upon fulfilling all the rules and requirements set forth therein.