OFFICIAL RULES - NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
CONTEST PERIOD: The Ally Koker’s Garage Contest (the “Contest”) starts at 12:01 a.m. Eastern Time (“ET”) on August 17, 2023 & ends at 11:59 p.m. ET on September 6, 2023 (the “Contest Period”).
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States & the District of Columbia who are eighteen (18) years of age or older as of the date of entry. Employees of Ally Financial Inc. (the “Sponsor”), and its parents, subsidiaries, divisions, affiliates, employees, directors, shareholders, suppliers, distributors and advertising, promotional and judging agencies, including Don Jagoda Associates, Inc. (“Administrator”), HMS Holdings, LLC ("HMS"), MKTG, Inc. (collectively with Sponsor and Administrator, “Indemnitees”), National Association for Stock Car Auto Racing, LLC (“NASCAR”), Growth Energy, Goodyear Tire & Rubber Company, Sunoco Retail, LLC, General Motors, LLC, Homestead-Miami Speedway, LLC d/b/a Homestead-Miami Speedway and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply.
HOW TO ENTER: During the Contest Period, visit kokergarage.com and complete the on-screen registration form, including your design for the paint scheme for the Ally 48 car and the title of your design (“Entry”). Entries must be complete to be eligible.
Your Entry must comply with the following guidelines to be eligible:
• Your Entry must be original to you and grant Sponsor the License described below.
• Your Entry must not include any representation of celebrities, athletes (other than Alex Bowman or Danny Koker), musicians, or any other public or private figure, include any anti-social, political or religious groups, any commercial solicitation or promotional materials and your Entry must not include your or any other person’s/companies’ full name, address, phone number, or URL address. Entry must not contain advertisements, personal solicitations or commercial solicitations.
• Your Entry must not feature or mention beer, distilled spirits (i.e., hard liquors, malt beverages), tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco and snuff), fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling.
• Your Entry must not have been submitted previously in a promotion or contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your circle of friends and family through your social networking sites) through any means.
• Your Entry must not contain content that is false, inaccurate or misleading.
• Entry must not contain material that is inappropriate, unsuitable, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including but not limited to words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
• Your Entry must not contain material, words or symbols that promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Your Entry must not contain material that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, other than Sponsor, HMS, or NASCAR, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable.
• Entrants and all submitted Entries must be in keeping with Sponsor's/HMS'/NASCAR’S image/Sponsor’s brand image as determined by Sponsor/Administrator, in its sole discretion. The Entry must not disparage Sponsor, persons or organizations associated with Sponsor, or any other person or entity or the Released Parties.
• Entries must not reference any of Sponsor’s or NASCAR’s competitors or any other third party.
Any Entry that violates any of the guidelines above or that is deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion, may be disqualified.
Limit five (5) unique Entries per person during the Contest Period. By submitting an Entry, you represent that you are a legal resident of the 50 U.S. or D.C., who is eighteen (18) years of age or older as of the date of entry.
Standard data fees/rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned.
GRANTS OF RIGHTS: Once submitted, Entries cannot be modified by entrant. By submitting an Entry, each entrant gives permission (and warrants and represents that he/she has obtained all rights necessary from third parties to give such permission and grant the license herein described) to Sponsor, HMS and each of their respective licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license (including but not limited to, all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, edit, adapt, reproduce, replicate, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry, and the entrant’s likeness (both as depicted in the Entry and otherwise), name, voice and biographical information (including, but not limited to, city and state of residence), in any manner and in any and all distribution channels, venues, formats and media now or later known or developed (collectively, the “License”) without compensation (where permitted by law) and without review, approval or notice, to the extent permitted by law. The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. Entrant agrees to sign any documents required by Sponsor upon request (and without compensation) to confirm such License. Sponsor is not obligated to exercise any of the rights granted in these Official Rules. Entrant further agrees that (x) Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of privacy as to his/her Entry and (y) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
Sponsor grants to each qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its and/or its licensor's trademarks solely for purposes of and limited to their Entry submitted in this Contest; such right and License will automatically expire without further act of any party at the expiration of the Contest Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s and/or its licensors’ trademarks will be a violation of Sponsor’s or its applicable licensors’ intellectual property rights.
PRIVACY: Information collected from entrant is subject to Sponsor’s Privacy Policy at https://www.ally.com/privacy/ and will be used and disclosed for any lawful purpose, including without limitation, administrating this Contest and for licensed product offerings and marketing campaigns. You may choose to stop receiving marketing emails by following the unsubscribe instructions included in these e-mails. This section does not limit any other consent(s) that an entrant may provide the Sponsor in relation to the collection, use and/or disclosure of their personal information.
JUDGING: Each submitted Entry will be judged immediately following the Contest Period by a panel of Sponsor-selected judges to determine the top two (2) finalists (each a “Finalist”) based on the following judging criteria: Relevance to Theme (25%), Originality (25%), Creativity (25%), Title Quality (25%). In the event of a tie, tied Entries will be re-judged by the judges’ decision based solely (100%) on Title Quality. Decisions of judges are final with respect to all matters relating to the Contest.
FINALIST NOTIFICATION: The two (2) Finalists will be contacted via email by the Administrator and will be required to sign and return, via email, a Declaration of Eligibility & Liability Release, and where legal, a Publicity Release and Assignment of Rights within two (2) days of notification. If notification is not completed and returned within two (2) days or is returned as undeliverable or Finalist is not eligible, an alternate will be determined. Sponsor and Administrator reserve the right to conduct a background check on Finalists. The Sponsor reserves the right in its sole discretion to disqualify a Finalist based on the results of such background check, in Sponsor’s sole discretion.
WINNER DETERMINATION: Sponsor will post the two (2) Finalists’ Entries to their Twitter feed and ask for people (who are legal residents of 50 US/DC, 13+) to vote for their favorite Finalist’s Entry by using the corresponding hashtag included in the tweet by the end date and time stated in the tweet. Consumers may vote one (1) time per day during the voting period. The Entry that receives the greatest number of valid votes by the end date and time stated in the tweet will be determined the Grand Prize winner, subject to verification. Please Note: Any attempt to use multiple accounts or other tactics to vote more than the stated limit may result in disqualification and all associated Entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial Contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and Entries or votes by any means that subvert the Entry/voting process or do not conform to the spirit of these Official Rules will void the Entry/votes and may disqualify the entrant. Entrants are prohibited from obtaining votes, and voters are prohibited from soliciting votes on behalf of entrants, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such entrants disqualified.
PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prize (1): A 3-day/2-night trip for winner and one (1) guest to Miami, Florida. Trip includes round-trip economy class air transportation, hotel accommodations (based on double occupancy), two (2) VIP access tickets to a Sponsor specified race where winner’s car design will be revealed on the No. 48 Ally Chevrolet ZL1 Camaro and $500 spending money for the winner, awarded as a check. The total ARV of the Grand Prize is $4,600. Trip must be taken on dates specified by Sponsor which are subject to change. Actual retail value of the Grand Prize may vary depending on winner’s city of departure and any difference in value will not be awarded. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize winner and guest must travel together on the same itinerary. Guest must be 18 years of age or older and must execute a release of liability prior to travel. The prize consists only of the items and services expressly identified in these Official Rules as being part of the prize. All prize details are Sponsor-specified. All expenses and costs associated with acceptance or use of the prize (including, but not limited to, taxes, insurance, telephone charges, room service and laundry services, personal expenses, gratuities, entertainment, activities outside of the Sponsor specified itinerary, incidental charges, or any other items not specifically described in these Official Rules, any transportation not mentioned within such prize description and all expenses for any of the foregoing) are the responsibility solely of the Grand Prize winner. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Sponsor and Released Parties will not be responsible for any cancellation, delay, diversion or substitution or any other act or omission whatsoever by any air carrier(s) or other transportation company or provider or any other person or entity providing any services to passengers in connection with the Grand Prize trip, or any results thereof such as changes in services or accommodations necessitated by same. All aspects and components of the Grand Prize not expressly specified in these Official Rules will be determined by Sponsor in Sponsor’s sole discretion. ln the event the Grand Prize winner or guest engage in behavior that (as determined by Sponsor in Sponsor's sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Grand Prize winner and guest home with no further compensation to the Grand Prize winner or guest. Sponsor and Released Parties are not responsible for damages, losses, illnesses or injury resulting from acceptance or use of prize. The prize and each component thereof are awarded “as is” without any warranty of any kind except as required by law. All federal, state, and local taxes are solely the responsibility of the winner. No transfer, assignment, substitution or cash equivalent for prize will be permitted, except at the sole discretion of the Sponsor. In Sponsor’s sole discretion, due to prize unavailability or for any other reason, Sponsor may award an alternate prize (or portion of prize) of equal value and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. Winner and guest must also pass any required medical testing and comply with any additional requirements, at any time, that may be required or recommended by any government agency, venue, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated against COVID-19. Winner and guest may also be required to execute any assumption of risk and/or other documents relating to COVID-19 or he/she may not be permitted to travel.
LIMITATIONS OF LIABILITY; RELEASE: The Released Parties are not responsible for late, incomplete, misdirected, inaccessible Entries, Internet connections or email; or for any computer, telephone, wireless, satellite, cable, network, electronic, Internet or phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net/accessibility, availability, or traffic congestion, Internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of Entry or other information, or the failure to capture, or loss of, any such information, or for any human error, technical error or other error of any kind in connection with the offering or operation of the Contest. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website (or any other website). If for any reason the Contest is not capable of running as planned (in whole or in part), as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest (in whole or in part). In such event, Sponsor shall judge the Entries received prior to cancellation based on the judging criteria above and (if voting is also cancelled), award the Grand Prize in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Contest or website, to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for any injury or damage to entrant's or any other person's computer/mobile phone or device related to or resulting from participation in or downloading (or uploading) any materials from this Contest. Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. By submitting an Entry, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Released Parties and all other companies involved in the development, operation or marketing of the Contest or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, NASCAR, LLC, and its affiliates, Homestead-Miami Speedway, LLC, Goodyear Tire & Rubber Company, Growth Energy, Sunoco, LLC, General Motors, LLC, and each of their respective shareholders, successors, members assigns, directors, officers, employees and agents (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the acceptance, receipt or use of prize or any component thereof and/or any use of the entrant’s name, likeness, voice and/or biographical information, any statement attributed to the entrant and/or any Entry or any component thereof, including without limitation any and all claims, causes of action and liabilities, including those (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, 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 entrant agrees not to assert any such claim or cause of action against any of the Released Parties.
ADDITIONAL CONDITIONS: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By participating in this Contest, entrant agrees to release and hold harmless the Released Parties and Indemnities from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, and property or breach or failure or any representation of warranty arising in any manner, directly or indirectly, from participation in this Contest and/or from the acceptance, misuse or use of prize.
SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DISPUTES: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Michigan. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Ally Financial Inc., Ally Detroit Center, 500 Woodward Ave, Detroit, MI 48226. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, New York 11747.
WINNER: To receive a Winner List by email, send an email to: winners@dja.com with The Ally Koker’s Garage Contest (11-2252-72) as the subject line. Requests must be received by October 30, 2023.
NASCAR, LLC, Homestead-Miami Speedway, LLC, Growth Energy, Goodyear Tire & Rubber Company, General Motors, LLC, Sunoco Retail, LLC are not Sponsors of this Sweepstakes. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, LLC. Homestead-Miami Speedway® and its logo are registered trademarks the City of Homestead, and are used with permission.
HMS Holdings, LLC is not a Sponsor of this Sweepstakes. Hendrick Motorsports is a registered trademark of Hendrick Motorsports, LLC.