2024 Buffalo HDAA Hyundai Salute to Heroes” (the “Promotion”)
OFFICIAL RULES (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. SUBJECT TO APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED.
By entering this Promotion, entrants (“Entrants”) accept and agree to be bound by these Official Rules. Any violation of these Official Rules may, at Sponsor’s (as defined below) discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. ENTRY PERIOD. The entry period begins Monday, October 7, 2024 at 12:00 a.m. Eastern Time and ends Sunday, November 3, 2024 at 11:59 p.m. Eastern Time (“Entry Period”).
2. ELIGIBILITY. Entrants who live within one of the following counties: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, McKean, Niagara, Potter, Wyoming (“Buffalo DMA Counties”) and are at least 18 years old as of the date of entry may nominate a member of the community (“Nominee”). Such Nominee must also live in one of the Buffalo DMA Counties and be at least 18 years old as of the date of entry, and hold a valid state drivers license. Officers, directors, members, agents, representatives, affiliated companies, and employees of the Sponsor, Canvas Worldwide, LLC, Administrator, Innocean Worldwide Americas, LLC d/b/a INNOCEAN USA, or any other party associated with the development or administration of this Promotion (collectively, “Promotion Entities”), and the immediate family members (i.e., parents, children, siblings, spouse, grandparent and/or “step”) of, and persons residing in the same household with any of the foregoing individuals (whether or not related), are not eligible to enter or win. This Promotion is void outside the Buffalo DMA Counties and where prohibited.
3. HOW TO ENTER YOUR NOMINATION. Entry to the Promotion is by nomination only. To nominate a Nominee, during the Entry Period, an Entrant must complete an official entry form available at www.hyundaisalutetoheroes.com, providing Entrant’s full name, city, state, e-mail address, daytime phone number (with area code), and each Entrant must additionally indicate: (a) Entrant’s relationship to the Nominee; (b) the Nominee’s city, and state of residence; and (c) a description of why the Nominee is deserving of the Prize and why they deserve to be named a “Hyundai Hometown Hero” in a short essay (“Essay”) (individually an “Entry” and collectively with all entries “Entries”). Sponsor will determine the eligibility of the Nominee in its sole discretion; Sponsor further reserves the right, among other things, to contact the Nominees, or others, to determine eligibility. Entrant may nominate multiple people provided that each Entry is unique and adheres to these Official Rules (i.e., Entrant can enter more than one (1) Nominee but may not nominate the same Nominee twice). Incomplete and multiple entries (i.e. multiple entries by one Entrant for the same Nominee) are void. Before the Prize will be awarded, all information submitted on the application by the Entrant will be verified. If ANY false or misleading information is submitted on the application, the Nominee will be disqualified without notification to the Nominee or the Entrant who nominated them. Nominee must agree to be bound by these Official Rules and the decisions of the Sponsor, and must warrant that the information submitted by the Entrant is true and accurate. No Nominee will be eligible to receive the Prize unless Sponsor determines, in its sole discretion, that such Nominee has been or can be sufficiently cleared for legal purposes, and has complied with the terms of these Official Rules. Entrant represents and warrants that by entering the Promotion, Entrant has permission from the Nominee to submit the Nominee for consideration, disclose personal information, and to describe why the Nominee is deserving of the Prize and why they deserve to be named a “Hyundai Hometown Hero” and their Entry adheres to the fundamental spirit of the Promotion and does not contain any defamatory, obscene or otherwise unlawful matter or depict anyone engaged in any illegal, immoral or lewd act, any violent or pornographic material or contain any other inappropriate content (as determined by Sponsor). By entering or being nominated in the Promotion, you acknowledge you are subject to Sponsor’s privacy policy(ies) located at https://www.hyundaiusa.com/us/en/privacy-policy, and Administrator’s privacy policy(ies) located at https://www.masslive.com/privacy-policy/.
4. NOMINATION GUIDELINES. The nomination Essay must be in English and must not exceed 300 words in length. Entrant must be personally familiar with his/her/their Nominee. Based on Sponsor's sole judgment and discretion, Essays cannot (a) be obscene, offensive, or endorse any form of hate or group hate, or be sexually explicit or suggestive; threatening; profane; violent; derogatory of any ethnic, racial, gender, religious, professional or age group or sexual orientation; or pornographic; (b) promote alcohol, illegal/prescription drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political or religious agenda or message; (c) contain trademarks, logos or trade dress owned by others, or contain any personal identification (other than as related to the Entrant or Nominee), such as license plate numbers, personal names, email addresses or street addresses; (d) contain copyrighted materials owned by others without permission; (e) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission (including but not limited to Nominee); (f) contain advertising or commercial messages of any kind owned by anyone other than Sponsor or advertise or promote any brand or product of any kind (other than Sponsor’s); (g) criticize Promotion Entities or any other Entrant or Nominee; and (h) contain any recruiting information of any kind. Essays may not promote any cause, be it religious, political, corporate, charitable or otherwise, other than the Nominee. Essays must not exaggerate or embellish the actual achievements of the Nominee.
By submitting an Essay, Entrant warrants and represents that it is Entrant’s original and true work; it has not been previously published; it has not received previous awards; it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (including but not limited to Nominee); Entrant has obtained permission from each and every person who is mentioned in the Essay, if any, to include such information in the Essay (including but not limited to Nominee); and publication of the Essay via various media including Sponsor’s and its affiliated entities’ website(s) and social media channels will not infringe on the rights of any third parties (including but not limited to Nominee). Entrant further represents and warrants that he/she/they has first-hand knowledge of the actions and conduct of the Nominee described in the Essay and, to the extent that he/she/they does not have such first-hand knowledge, the Entrant has a reasonable basis for believing that such actions/conduct of Nominee are truthful and accurate as described in the Essay. Any Essay that does not comply with the guidelines herein will be subject to disqualification. Essays will be governed further by the Terms of Use of the Sponsor’s family of sites regarding use of “user content” (such Terms of Use available at https://www.hyundaiusa.com/us/en/terms-conditions).
By entering, Entrant and Nominee agree to indemnify and hold harmless the Indemnified Parties from any action or liability resulting from the publishing of Essay and/or use of the Essay. Each Entrant further agrees that if their Entry is selected by Sponsor as the winning Entry, they will sign any additional license or release that Sponsor may require and will not publicly perform or display their submission without the express permission of Sponsor.
5. FINALIST AND WINNER SELECTION AND NOTIFICATION. All eligible Entries will be judged starting November 4, 2024 at 12:00 A.M. Eastern Time, through November 11, 2024 at 6:00 P.M. Eastern Time (the “Judging Period”) by a panel of judges. Following the Judging Period, on or about November 11, 2024, the judges will select and Sponsor and Administrator will announce one (1) grand prize winner (“Winner”) to be chosen based on the following criteria: overall impact the Nominee had on his/her local community (40%), impact of Nominee’s service on themselves and their family (40%), and why the Nominee is deserving of the Hyundai vehicle (20%).
In the event of a tie among Entries at any point in this Promotion, each of the tied Entries will be re-judged by the panel using impact of Nominee’s achievements they have accomplished for themselves, their family, and their community to break the tie. Vote scores and tallies shall be the property of Sponsor/Administrator and shall not be disclosed and may not be requested. Final voting calculation by the Administrator shall be final and binding in all respects. The decisions of the judges are final. No one may purchase or otherwise provide incentives for nominations. Complimentary products or services offered in exchange for nominations is prohibited. No Nominee may pressure their employees or contractors, or their families, to nominate on their behalf in the Promotion. Nominations submitted in response to threats, coercion, or intimidation are void if discovered by Sponsor. A Nominee may not collude with any third-party to violate these Official Rules or participate in or actively encourage such activity, whether directly or indirectly. In the event the Sponsor does not receive a sufficient number of eligible Entries or there are not a sufficient number of acceptable entries, in Sponsor’s or Administrator’s sole discretion, the Sponsor has the right to cancel the Promotion.
Any potential winner will be notified by email and/or telephone at the email and/or phone number provided in the Entry. If a potential winner: (a) cannot be contacted; (b) does not respond within twenty four (24) hours from the date the Sponsor first tries to notify him/her; (c) fails to return the required affidavit and release as specified herein below; (d) refuses the Prize; (e) lacks a valid driver’s license, auto insurance, or other requirements of the prize provider; and/or (f) is disqualified or otherwise determined to be ineligible to receive the Prize; or if (g) the prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the Prize, and an alternate potential winner may be selected from all remaining eligible Entries based on the judging criteria set forth above. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation, acknowledging receipt and acceptance of these Official Rules, the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “Winner” of the Promotion.
6. PRIZE DESCRIPTION. There will be only one (1) Winner. The prize is a 2025 Hyundai Kona automobile, including sales tax and title/registration fees (“Prize”). The approximate retail value of the Prize is $30,000. Prize will be awarded by Hyundai Motor America/Buffalo HDAA. Winner is responsible for meeting all eligibility and other requirements herein, and the requirements of the dealership, including but not limited to, presenting a valid driver’s license and evidence of insurance. Delivery is subject to availability. Sponsor disclaims any and all liability related to vehicle availability due to delays in production, limited vehicle inventory, other disruptions to the global supply chain, whether or not foreseeable, or any other reason. Winner may not receive the Prize in preferred color. Winner must take delivery of the Prize within thirty (30) days of notification of availability of the Prize; failure to do so will result in the Prize being forfeited and, time permitting, an alternate potential winner may be selected in accordance with these Official Rules from the remaining eligible Nominees. Depiction of Prize in any advertising or promotional materials may not reflect the actual vehicle awarded. Sponsor shall have no liability in conjunction with such differences between depicted vehicle and actual vehicle awarded. NO PRIZE OR ANY PORTION THEREOF IS TRANSFERABLE OR REDEEMABLE FOR CASH. No substitutions for Prize except by Sponsor, at its sole discretion, in which case a prize of equal or greater value will be substituted.
7. ADDITIONAL TAXES AND COSTS. Except as set forth herein, Winner is solely responsible for any and all costs related to acceptance and use of the Prize not expressly described herein as being awarded. The preceding includes but is not limited to (a) vehicle registration, license, title and insurance fees; (b) all federal, state and/or local income and other taxes, (c) upgrades and options not provided with the vehicle; and (d) any expenses associated with taking possession, and subsequent use and operation, of the vehicle.
8. OWNERSHIP AND LICENSE. All entry materials, including the Essay and Entries become the property of the Sponsor and will not be acknowledged or returned. The copyright in the Essay shall remain the property of the Entrant, but entry into this Promotion constitutes Entrant’s, and Nominee’s, including the Winner’s exclusive, royalty-free, irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Entry, Essay, and the Entrant’s and Nominee’s name and/or likeness, in whole or in part, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Entry. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Entry. For the avoidance of doubt, Sponsor may, at their discretion, feature the Winner in future Hyundai promotional campaigns. Any such posting of the Essay, in and of itself, does not constitute any representation that Entry is eligible for the Promotion or notification of selection of Nominee who is the subject of such Essay as a prize winner.
9. CONSENT AND RELEASE. Each Entrant (by entering the Promotion), each Nominee (by agreeing to nomination) and the Winner (by accepting the Prize) agrees to indemnify, defend and hold harmless each of the Promotion Entities, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Indemnified Parties”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (a) entry into the Promotion constitutes the consent of each Entrant, without further compensation, to use his/her name, likeness, biographical data, contact information and his/her entry for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (b) acceptance of the Prize constitutes a release by the Winner of the Indemnified Parties of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her Entry or any Prize; and (c) any Nominee, including any potential winner, may be required to acknowledge receipt and acceptance of these Official Rules, and the terms contained herein, sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release. Fully-executed affidavits and releases must be received by Sponsor within five (5) calendar days from the date that Sponsor first tries to notify the individual. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these Official Rules. Each Entrant and Nominee agrees to cooperate reasonably with any such background check. If the Prize includes participation in any public event(s) or publicity, or if Promotion Entities intend to publicize the Winner in any way, and if a background check reveals that an Entrant or Nominee has engaged in conduct that could damage the reputation or business of any Promotion Entity, as determined by Sponsor in its discretion, the Entrant or Nominee may be disqualified and the Prize may be awarded to an alternate winner.
10. DISCLAIMERS. (a) Promotion Entities not responsible for Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s or Administrator’s servers or elsewhere. In the event of a dispute, Entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (b) Sponsor and Administrator, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor or Administrator. (c) Sponsor and Administrator further reserve the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (d) Promotion Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these Official Rules. (e) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (c) or (d), Sponsor, in its sole discretion, may elect to select a winner from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (f) PROMOTION ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (g) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (h) The value of the Prize set forth above represents Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of the Prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. If any court of law, having the jurisdiction to decide on this matter, Official Rules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules, and the remaining provisions of these Official Rules will remain in full force and effect. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Buffalo, New York. Should there be a conflict between the laws of the State of New York any other laws, the conflict will be resolved in favor of the laws of the State of New York. The Winner is solely responsible for reporting and payment of any federal, state or local income taxes on the Prize, and any other fees, costs or expenses relating to accepting and/or using the Prize and may receive an IRS Form 1099 for the ARV of the Prize. Upon forfeiture for any reason as stated in these Official Rules, no compensation will be given. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
12. WINNER LIST. For the name of the Winner, send a self-addressed stamped envelope, within six (6) months of November 4, 2024, to: Winner List, “Hyundai Salute to Heroes,” c/o Curtis Panlilio, The Republican Company, 1860 Main Street, Springfield, Massachusetts, 01103.
13. SPONSORSHIP. This Promotion is sponsored by the following Hyundai dealerships: Northtown Hyundai located at 3675 Sheridan Dr, Buffalo, NY 14226, Towne Hyundai located at 3525 Southwestern Blvd, Orchard Park, NY 14127, Shults Hyundai located at 181 E. Fairmount Ave, Lakewood, NY 14750, West Herr Hyundai located at 5485 Transit Rd, Williamsville, NY 14221, and Hyundai of Grand Island located at 1910 Alvin Rd, Grand Island, NY 14072 (individually and collectively, the “Sponsor”).
14. ADMINISTRATION. This Promotion is administered by The Republican Company, 1860 Main Street, Springfield MA 01103 (the “Administrator”).