HYBRID CAR GIVEAWAY

DEFENDERS OF WILDLIFE ACTION FUND
HYBRID CAR GIVEAWAY

OFFICIAL RULES

NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. PURCHASE OR DONATION DOES NOT INCREASE YOUR CHANCE OF WINNING.

  1. Giveaway DESCRIPTION: Defenders of Wildlife Action Fund Hybrid Car Giveaway ("Giveaway") is offered only in the State of New Mexico.  Giveaway begins at 12:00 A.M. Eastern Time ("ET") on 07/01/08 and ends at 11:59 P.M. ET on 11/02/08 ("Giveaway Period"). Void where prohibited by law.
  2. ENTRY CONSTITUTES AGREEMENT TO BE BOUND BY THE OFFICIAL RULES: By entering the Giveaway, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Giveaway. Winning the Prize is contingent upon fulfilling all requirements set forth herein. No exceptions or substitutes will be made.
  3. SPONSOR: Defenders of Wildlife Action Fund, 1130 17th St., NW, Washington, D.C. 20036.
  4. HOW TO ENTER: Visit www.wrong4nm.org (the "Website") during the Giveaway Period, complete the online entry form with all the required contact information and submit as directed. ALL ONLINE ENTRIES MUST BE SUBMITTED BY 11:59 PM ET on 11/02/08. Limit: One (1) online entry per person. In the event more than one (1) entry is received from any one person, the first entry processed will be considered the only valid entry received. In the event of a dispute, online entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any potential winner may be required to show proof of being the authorized account holder, and must meet eligibility requirements stated herein.
  5. ELIGIBILITY: This Giveaway is open only to legal residents of the State of New Mexico who are at least 18 years of age at the time of entry and have a valid New Mexico driver’s license.  Entrants must have Internet access at the time of entry.  Employees, directors, officers, contractors, volunteers and their immediate families (spouses and siblings, parents and children and their spouses), of the Sponsor are not eligible. Entrants must meet the eligibility and liability requirements as set forth herein in order to be eligible to receive the Prize. This Giveaway is void where prohibited or restricted by law. All entrants must be qualified individuals. (See Rule #7 below). No group, club, or organization can participate in this Giveaway on behalf of same.
  6. PRIZE DESCRIPTION: Only one (1) Prize will be awarded, consisting of a used 2008 Toyota Prius® 1.5 Liter 4-Cylinder engine Gas/Electric Hybrid (ECVT) auotmobile in "as is" condition (the "Vehicle").  Vehicle features and specifications (including, without limitation, exterior, roof and interior color) will be determined by Sponsor in its sole discretion.   No alternate, runner up or consolation prizes will be awarded. If the winner fails to meet any of the eligibility requirements, or cannot or will not accept the Prize then the Prize will be offered to an alternate entrant who will then be deemed the winner.  Approximate Retail Value of Prize $ 24000 ("ARV").  Only Sponsor, at its sole discretion, may substitute the Prize for one of similar value or cash in an amount equal to the ARV.
  7. CONDITIONS AND QUALIFICATIONS REQUIRED: The winner must hold a valid New Mexico driver's license and obtain legally required automobile insurance (at the winner’s expense) covering the Vehicle prior to taking possession of the Vehicle. The winner must personally take possession of the Vehicle no later than two (2) weeks after notification.  Sponsor will designate the place of delivery within New Mexico at Sponsor’s sole discretion. No prize substitution or cash redemption is available, except at Sponsor’s sole discretion. The Prize is not transferable, except as provided for in these Official Rules. In accepting the Prize, the winner consents to the use of his or her name, photograph or other likeness, testimonials and other biographical information for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Defenders of Wildlife Action Fund without further compensation unless prohibited by law. The winner agrees to communicate with members of the media upon request of Defenders of Wildlife Action Fund.  The winner is responsible for any applicable federal, state and local taxes, insurance, and registration fees that may apply.  It is the sole responsibility of the winner to determine what taxes may be assessed on the Prize. 
  8. WINNER SELECTION AND VERIFICATION: Odds of winning depend on the number of eligible entries received.  Prize Winner will be selected in a random drawing conducted on or about November 3, 2008 from among all eligible entries received during the Giveaway Period. Three alternate winners will be selected in order. Being selected as an alternate has no value unless those selected first do not qualify for the Prize. Drawing will be conducted by Sponsor or an independent judging organization. On November 3, 2008 from 9:00 AM MT through 3:00 PM MT, the Sponsor will attempt to notify the potential winner by telephone. The potential winner must respond by telephone within forty-eight (48) hours of the Sponsor’s first attempt to contact him/her in order to be eligible to claim the Prize. If the potential winner timely responds, Sponsor will orally request information from the potential winner to confirm preliminary eligibility. If a potential winner is deemed potentially eligible based on the preliminary questions, Sponsor will send an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release form ("Affidavit/Release") to the potential winner by e-mail or facsimile to be executed and returned by e-mail or facsimile within twenty-four (24) hours from the delivery of Sponsor’s e-mail or facsimile. If the potential winner cannot be contacted within the specified time after the first attempt to contact him/her, if he/she fails to execute and return the Affidavit/Release within the required time period, fails to take delivery of the vehicle within the required time period, or if he/she is otherwise ineligible to receive the Prize, an alternate will be selected in his/her place and Sponsor will attempt to contact and obtain the required Affidavit/Release from that potential winner.
  9. GENERAL CONDITIONS/RELEASE: By participating, entrants (a) release Sponsor, its respective directors, officers, agents, contractors, and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by or arising from their participation in the Giveaway, 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 Releasees 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 the Prize including, but not limited to, its quality, mechanical conditions, fitness, appearance, availability, or suitability. Sponsor is not 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 one-line 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 Giveaway. 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 Giveaway MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Giveaway 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 that, in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or entrant and to cancel, terminate, modify or suspend the Giveaway. In the event of any cancellation, termination, or suspension, notice thereof will be posted at www.defendersactionfund.org and the determination of the Prize 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. Entries not complying with all rules are subject to disqualification.
  10. DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the District of Columbia; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, entrant's rights and obligations, or the rights and obligations of Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other the District of Columbia. Toyota® and Prius® are registered trademarks, and neither Toyota Motor Corporation, Inc. nor Toyota Motor Sales, U.S.A., Inc. is a participant in or sponsor of the Giveaway.
  11. PRIVACY POLICY: Information collected online from entrants is subject to Defenders of Wildlife Action Fund’s Privacy Policy, which can be viewed at http://www.defendersactionfund.org/about_us/privacy_policy.html.
  12. WINNER'S NAME: For the name of the Giveaway winner, mail a stamped self-addressed envelope to: Hybrid Giveaway, Defenders of Wildlife Action Fund, 1130 17th St., NW, Washington, D.C. 20036. Specify on the outside of the envelope, on the back, "winners." Requests must be received by December 31, 2008.