NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER AND WHO ARE OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
The Ally Lucky Penny Sweepstakes (the “Sweepstakes”) is open only to persons who as of the start of the Game Period (as defined below) (and, if a winner, as of the date of prize fulfillment), are a legal resident of one of the fifty United States or the District of Columbia, are 18 years of age or older and of the legal age of majority in the jurisdiction in which the participant resides. Persons who at any time during the Game Period (or, if a winner, as of the date of prize fulfillment) are an employee of Ally Financial Inc. (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies or any other entity involved in the marketing or promotion of the Sweepstakes or the placement of Ally Lucky Pennies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
The entry period for the Sweepstakes begins at 12:00 a.m. Eastern Time (ET) on October 18, 2016 and continues through 11:59 p.m. ET on December 31, 2016 (the “Game Period”). No purchase is necessary. During the Game Period, Sponsor will make available in each of the Participating Markets (as defined in Section 4), in places that are open to the public (which may include, without limitation, streets, parks and other public places and participating automobile dealerships determined by Sponsor), 10 Ally Lucky Pennies, for a total of 100 Ally Lucky Pennies. The Ally Lucky Pennies are tokens created by Sponsor solely for use in the Sweepstakes and are not currency. Each of the Ally Lucky Pennies will bear the text “Redeem on AllyLuckyPenny.com” or similar wording. Participants who have found Ally Lucky Pennies may submit prize claims as described in Section 4 below. Prizes will be awarded only to eligible participants who have found an original Ally Lucky Penny, who submit a prize claim in accordance with Section 4 and who otherwise comply with all of the terms and conditions set forth in these Official Rules. There is a limit of one prize per person. Throughout the Game Period, Sponsor will periodically communicate via social media and/or the Sweepstakes website information regarding the number of prize claims received.
PLACEMENT OF ALLY LUCKY PENNIES
The Sweepstakes is intended to reward eligible participants who are lucky and encounter Ally Lucky Pennies in the course of their regular activities, not to encourage hunting for Ally Lucky Pennies in obscure locations or travel. Automobile dealerships in which Ally Lucky Pennies may be placed by Sponsor will display signage indicating that such dealerships are participating in the Sweepstakes. Except for such automobile dealerships, Ally Lucky Pennies will not be placed by Sponsor in retail stores or on other private property. Sponsor will place the Ally Lucky Pennies in plain sight (such as, by way of illustration only, on a sidewalk in a public park) and will not place Ally Lucky Pennies in areas that members of the public are not generally permitted to enter, or in locations where an Ally Lucky Penny could not be found without extensive searching or the moving of items (by way of example, an Ally Lucky Penny would not be hidden by Sponsor underneath a trash can, or in a storage room or closet, or behind or underneath merchandise on a shelf). Participation in the Sweepstakes does not require, and participants must not engage in, any unsafe, disruptive or unlawful behavior, and participants must not trespass on private property or violate any rules or policies in effect in places where Ally Lucky Pennies may be located. Sponsor will have the right in its discretion (but is not obligated) to place Ally Lucky Pennies in locations that are open to the public only during limited hours (such as, for example, public parks that are closed on certain days or during certain times). Sponsor is not responsible or liable if, after an Ally Lucky Penny is placed by or for Sponsor at a location, any person not authorized by Sponsor moves the Ally Luck Penny to another location.
The Ally Lucky Pennies will be made available by Sponsor in places determined by Sponsor in each of the following cities (each a “Participating Market”): (a) New York, New York; (b) Detroit, Michigan; (c) Charlotte, North Carolina; (d) the District of Columbia; (e) San Diego, California; (f) Austin, Texas; (g) Denver, Colorado; (h) Miami, Florida; (i) Los Angeles, California; and (j) Chicago, Illinois.
To claim a prize, the person who found an Ally Lucky Penny must visit the website located at AllyLuckyPenny.com (the “Website”) during the Game Period and complete and submit the Official Prize Claim Form prior to the conclusion of the Game Period. Any prize claim received after the conclusion of the Game Period is void. All prize claims are subject to verification. Sponsor may provide on the Website a means for prize claimants to upload photographs of their Ally Lucky Pennies. Sponsor reserves the right to require the later submission of such a photograph by any prize claimant who does not submit such a photograph at the time of submission of the prize claim. Each claimant must retain the Ally Lucky Penny until after the claimant’s eligibility to receive a prize has been verified. A person who has found an Ally Lucky Penny must keep the Ally Lucky Penny in a safe place and must not discard it or give it to anyone else. Sponsor may require any prize claimant to provide the Ally Lucky Penny to Sponsor in connection with verification of the prize claim. Each prize claimant that is required by Sponsor to provide an Ally Lucky Penny to Sponsor should keep a photograph of the Ally Lucky Penny for his or her records. Each claimant must comply with such requirements or instructions as Ally may provide in connection with the verification of the claimant’s prize claim. Completion of the Official Prize Claim Form will require the claimant to supply to Sponsor his or her first and last name, mailing address, e-mail address, telephone number, date of birth and such other information as Sponsor may require. Submission of an Official Prize Claim Form constitutes acknowledgement of and consent to these Official Rules. To be valid, each Official Prize Claim Form must be completed and received by Sponsor prior to the conclusion of the Game Period. Receipt times will be determined using Sponsor’s computer. Normal time rates and data charges, if any, charged by the participant’s Internet or mobile service provider will apply. Proof of submission does not constitute proof of receipt by Sponsor. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. The odds of winning will depend on the number of people participating in the Sweepstakes. If by reason of a printing or other error, or for any other reason, more than 100 prizes are claimed, Sponsor will have the right to conduct (or to have an agent or contractor designated by Sponsor conduct) a random drawing from among all persons making purportedly valid prize claims to award the 100 prizes. No more than 100 prizes will be awarded. Any Ally Lucky Penny is void if (a) not made available by Sponsor or obtained in accordance with these Official Rules, (b) any part is counterfeit, altered, defective, illegible, reproduced, tampered with, mutilated or irregular in any way or (c) it contains any printing, typographical, mechanical, or other error. Sponsor’s liability for Ally Lucky Pennies containing any printing or other error is limited to replacement of such tokens with another token (i.e. making available another Ally Lucky Penny in the pertinent Participating Market).
Each potential winner is subject to verification of eligibility and will be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within 72 hours of attempted delivery to the potential winner of same. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within 72 hours of attempted delivery of same. Verification of the potential winner’s eligibility may also include, without limitation, a background investigation. Each participant consents to the conduct of a background investigation (which may include a review of criminal records) on the participant and agrees to supply any authorizations or permissions deemed necessary by Sponsor in connection with any such investigation. By claiming a prize, each participant represents that he or she will provide accurate and truthful information to Sponsor in connection with eligibility verification. If a potential winner cannot be reached or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 or any other documentation or material (e.g., the potential winner’s original Ally Lucky Penny) within 72 hours of attempted delivery of same, or if Sponsor is unable to verify the potential winner’s eligibility or compliance with these Official Rules, or if Sponsor conducts a background investigation on the potential winner and determines in its sole discretion that awarding a prize to the potential winner, publicizing any facts or details about the potential winner or an association of the potential winner with Sponsor or the Sweepstakes might reflect negatively on Sponsor and/or its products or services or the Sweepstakes, then Sponsor will have the right in its discretion to disqualify the potential winner.
One hundred prizes will be awarded (10 per Participating Market). Each prize consists of $1,000 USD awarded in the form of a check or another payment method determined by Sponsor. The approximate retail value of each prize is $1,000 USD. The aggregate approximate retail value of all prizes is $100,000 USD. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which has the right to substitute the prize with a prize or prizes of equal or greater value selected by Sponsor in its discretion. Each prize consists only of the item expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Each prize is awarded “as is” and without any warranty, except as required by law. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law. All prizes will be awarded if properly claimed.
Any prize that is not claimed by the conclusion of the Game Period or that is not awarded to the claimant due to the claimant’s ineligibility or for any other reason will be awarded in a second chance random drawing to be conducted on or about February 15, 2017 by Sponsor or an agent or contractor designated by Sponsor. Following the conclusion of the Game Period, Sponsor will communicate via social media and/or the Sweepstakes website information regarding the number of prizes expected to be available in the second chance drawing. The second chance drawing is open only to people who satisfy the eligibility requirements set forth in Section 1. To enter, the entrant must legibly print by hand his or her name, complete street address and phone number on a plain 3 X 5 inch card, and mail the card to Ally Lucky Penny Sweepstakes Second Chance Drawing, P.O. Box 251328, West Bloomfield, MI, USA, 48325. Each entry must be mailed separately and postmarked by no later than January 31, 2017. No photocopied or mechanically reproduced entries will be accepted. Odds of winning the second chance random drawing depend upon the number of eligible entries received and the number of unawarded prizes. Each potential winner in the second chance drawing is subject to verification of eligibility and will be subject to and must comply with all of the requirements and conditions set forth in Section 6.
By participating in the Sweepstakes, each participant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the participant’s name, likeness, voice, biographical information and/or statements attributed to the participant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
Release and limitation of liability
By participating in the Sweepstakes, to the fullest extent permitted by applicable law, each participant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or the marketing or promotion of the Sweepstakes, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the participant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use the Website, the provision, acceptance or use of the prize or any use of the participant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any participant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each participant agrees not to assert any such claim or cause of action against any of the Released Parties. Each participant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of the Website, or the provision, acceptance or use of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Sweepstakes based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete prize claim, incorrect or inaccurate capture of, damage to, or loss of any prize claim or related information or material, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any participant, the submission, collection, storage and/or processing of prize claims or the administration of the Sweepstakes.
Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, participant fraud or misconduct or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on the Website and a random drawing will be conducted to award all unawarded prizes in accordance with Section 8. The transfer, sale or sharing of any Ally Lucky Penny is prohibited. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or any Ally Lucky Penny or has undermined the legitimate operation of the Website or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other participant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding who submitted a prize claim, the prize claim will be deemed to have been submitted by the authorized account holder of the email address associated with the entry in question. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A prize claimant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the email address associated with the entry in question. All federal, state and local laws and regulations apply. All materials submitted in connection with any prize claim become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each participant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Sponsor, in its sole discretion, will determine the validity of each prize claim. If Sponsor determines or believes that any prize claim is fraudulent, illegitimate or invalid, or that any prize claimant has failed to comply with or has violated any provision of these Official Rules, or that any Ally Lucky Penny has been tampered with, altered, transferred or fabricated other than with Sponsor’s authorization, Sponsor will have the right in its discretion to disqualify any affected prize claimant. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
By participating in this Sweepstakes, each participant agrees that: (a) any claim the participant may have against any of the Released Parties (whether in contract, tort or otherwise), and any dispute or controversy, arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“Rules and Procedures”); (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for the participant), or at such other location as may be mutually agreed to by the participant and Sponsor; (d) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the participant may have entered into in connection with the Sweepstakes; (e) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) the participant and Sponsor hereby waive the right to assert claims in any class or representative action, and there shall be no authority for any claims to be arbitrated on a class or representative basis, the arbitration can thus address only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (g) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250, Sponsor agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on the participant’s behalf, subject to ultimate allocation by the arbitrator; and (h) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. Finally, this arbitration provision is reciprocally binding on all parties, such that both participant and Sponsor are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, participants may visit the JAMS Website at www.jamsadr.com.
By participating in the Sweepstakes, each participant agrees that information submitted via the Website in connection with the Sweepstakes will be subject to Sponsor’s Privacy Notice available at ally.com/privacy (the “Privacy Notice”) and may be used as permitted pursuant to the Privacy Notice, and may also be used as determined by Sponsor in connection with the administration of the Sweepstakes (including winner notification and provision of winner name(s) when requested).
Winners' names and rules requests
For the names of the winners, available approximately thirty days after the conclusion of the Game Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to: Ally Lucky Penny Sweepstakes, Winners List Request, P.O. Box 251328, West Bloomfield, MI, US 48325.
Ally Financial Inc., 500 Woodward Avenue, Detroit, MI 48226.