MARKQUART, INC. MARKQUART GIVES BACK 2022
OFFICIAL RULES
1. How to Vote: Beginning at 6:00 a.m. Central Standard Time (“CST”) on December 5, 2022 until 5:00 p.m. CST on December 15, 2022 (the “Voting Period”), you may vote in Markquart Gives Back 2022 (the “Program”) online by visiting the Markquart Gives Back website (http://www.markquartgivesback.org) (the “Website”) and completing and submitting the online voting form (limit one (1) online vote, per valid email address, per eligible person per Voting Period). Incorrect and incomplete votes are void. These official rules are also available at the Website.
For purposes of this Program, a “day” begins at 12:00 a.m. CST and ends at 11:59 p.m. CST (unless specified otherwise). All eligible votes received will be entered in the Program drawing. When you vote through the Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming programs and to receive information about Markquart Inc., its affiliates and the Participating Parties identified below. See Sponsor’s privacy policy for complete terms, available at http://markquart.com/MarkquartWebPrivacyPolicy.pdf#toolbar=0. Consent to receive such e-mails is optional, does not have to be agreed to in order to be eligible to vote in the Program. Markquart Automotive, Inc. (“Sponsor”), the Participating Parties identified below, and each of their respective affiliates, subsidiaries, parent corporations, advertising and program agencies, all local sponsors, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Program; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of votes; votes that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; typographical, human or other errors; and any votes which are late, lost, incomplete, delayed, misdirected, stolen, inaccurate, or any combination thereof. Votes are considered only upon receipt. Proof of online submission is not considered proof of delivery or receipt. CAUTION: ANY ATTEMPT BY A VOTER TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH VOTER TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If by reason of a printing or other error, more donations are claimed than the number set forth in these rules (i.e. a tie), all organizations will be included in a random drawing to award the advertised number of donations available in the Program. No more than the advertised number of donations will be awarded.
2. Eligibility: This Program is open only to 501 (c) (3) Nonprofit Organizations of Chippewa, Dunn, and Eau Claire counties. Employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses regardless of where they reside) of Sponsor; Markquart Motors, Markquart Toyota, Markquart of Menomonie, Markquart Chevrolet of Albert Lea, Markquart Lube-N-Wash, The Boat Center, Markquart Auto Body, Markquart RV, LLC, Wuerflein Honda; and any other participating parties and each of their respective parent companies, subsidiaries, dealerships, and affiliates, and their advertising and program agencies and all local sponsors and all other participating parties (collectively, the “Participating Parties”), are eligible to vote. Sponsor reserves the right to conduct a background check on any potential Winner (as defined below) and reserves the right in its sole discretion to disqualify any person or organization based on such background check if Sponsor determines in its sole discretion that awarding the donation to such potential Winner might reflect negatively on Sponsor or any of the Participating Parties. By voting, all participants and/or voters agree to release the Released Parties from and against all claims and damages arising in connection with each voter’s participation and/or entry in the Program and/or his/her/its receipt or use of any element of the Donation awarded in this Sweepstakes including any injury or harm resulting from or any travel or activity related thereto.
3. How the Donation Winners will be Determined: Ten (10) potential Donation winners (the “Donation Winner(s)”) will be chosen by Sponsor from among all eligible votes received during the entire Voting Period on or about December 15, 2022 (the “Donation Drawing”) by Sponsor. Sponsor anticipates that the potential Donation Winners will be contacted either by phone or e-mail between December 16 and December 20, 2022 (subject to change). The Donation Winners will be required to show proof of 501 (c) (3) status upon receiving the Donation. Sponsor reserves the right to select the winner in a random drawing format that shall be determined by Sponsor.
4. Donation Terms: Sponsor’s decisions with respect to the Donation Winners and other matters pertaining to the Program shall be final. By accepting the Donation, each Donation Winner consents to the use by Sponsor and Participating Parties and their designees of Donation Winner’s name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Participating Parties’ content in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law.
5. General Conditions: Votes that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if computer virus, bug, unauthorized intervention, fraud, or technical difficulties or other failures compromise, corrupt, or affect the administration, integrity, security, fairness, or proper conduct of the Program, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the voting process and void any votes submitted fraudulently, to modify or suspend the Program, or to terminate the Program and conduct a random drawing to award the donation using all eligible, non-suspect votes received as of the termination date. Should the Program be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by a voter or any other individual to deliberately damage any website or undermine the legitimate operation of the Program is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
6. Donation: Ten (10) Donation Winners shall win the Donation, which consists of $5,000. All components (as applicable) of Markquart Gives Back 2022 will be selected by Sponsor at its sole discretion. The Markquart Gives Back 2022 Donation shall be conveyed to the Donation Winners without representations or warranties, express or implied, other than those, if any, provided by the Sponsor.
7. General Donation Conditions: All costs, taxes, fees, and expenses associated with the Donation or the acceptance and use of any element of the Donation not specifically addressed above are the sole responsibility of the Donation Winner. All federal, state, and local taxes on donation are Donation Winner’s responsibility. Donation cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion.
8. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any voter or the Program Entities in connection with the Program, shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Wisconsin. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH VOTING IN THIS PROGRAM. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF VOTER, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
9. Winner’s List: Beginning on or about December 20, 2022, you may obtain the name of the Donation Winners by going to the Markquart Gives Back Website (http://www.markquartgivesback.org).
10. Sponsor: Markquart Automotive, Inc. 1844 Commercial Blvd. Chippewa Falls, WI 54729