Rules and Restrictions

Enter to Win a 2013 Porsche Boxster Lease from Merchant Warehouse! 

Merchant Warehouse is giving away a lease on a 2013 Porsche Boxster at RetailNOW 2012! (the “Promotion”).  

Rules and Restrictions

By submitting an entry form, participants agree to be bound by these promotion rules and restrictions (“Rules”). This Promotion is sponsored by Merchant Warehouse.com LLC (“Merchant Warehouse” or “Sponsor”). 

The Promotion

One 12-month lease of a 2013 Porsche Boxster will be randomly awarded to an eligible participant.  Entry forms will be made available to registered attendees of the Merchant Warehouse Genius Launch Party at Tryst Nightclub on Monday, July 30, 2012 and to registered attendees of RSPA RetailNOW 2012 to be held at the Mandalay Bay Convention Center in Las Vegas, Nevada on Tuesday, July 31 and Wednesday, August 1, 2012.  Eligible participants also may register online.  One winner will be randomly selected at or about 4:00 p.m. on Wednesday, August 1, 2012. 

How to Enter

NO PURCHASE NECESSARY TO ENTER OR WIN.  Between 12:01 a.m. Pacific Daylight Time (PDT) on July 11, 2012 and 3:59 p.m. PDT on August 1, 2012 (the "Entry Period"), Sponsor will conduct the Promotion.  Participants can submit up to three (3) entries.  There are three ways to enter, as follows:  

1. RSVP for and attend the Genius Launch Party on Monday, July 30, 2012 at Tryst Nightclub in Las Vegas.  Attendees who have submitted an online reservation by 11:59 p.m. PDT on July 25, 2012 will receive one entry form.  You must check in at the front door of Tryst Nightclub between 8:00 p.m. and 11:00 p.m. on Monday, July 30, before entering the party, to receive the entry form.

2. Visit the Merchant Warehouse booth #327 at the RSPA RetailNOW 2012 convention on Tuesday, July 31 and Wednesday, August 1. Present your badge to be scanned by a Merchant Warehouse employee and complete the entry form.  Attendees may receive one entry between 12:30 p.m. PDT and 4:30 p.m. PDT on Tuesday, July 31, 2012 and one entry between 12:30 p.m. PDT and 3:59 p.m. PDT on Wednesday, August 1, 2012. 

3. Eligible participants wishing to enter the Promotion without attending the Merchant Warehouse Genius Launch Party or RSPA RetailNOW 2012 may enter online between 12:01 a.m. PDT on July 11, 2012 and 3:59 p.m. PDT on Wednesday, August 1, 2012 at www.merchantwarehouse.com/porschegiveaway.  Required information includes:  first and last name, mailing address, place of employment, age, phone number and email address.  

A maximum of three (3) entries per person will be allowed, regardless of method of entry. All entries become property of Merchant Warehouse. 

Eligibility

The Promotion is open to legal residents of the continental United States, including the District of Columbia, age eighteen (18) or older at the time of entry, who are registered attendees of RetailNOW 2012, members of the Retail Solutions Providers Association (RSPA), or employed in the retail point of sale industry who are licensed drivers in the U.S. with effective automobile liability insurance coverage as required by law and who are not otherwise prohibited by law from participating in the Promotion.  Void in Alaska, Hawaii, Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law.  Employees and agents of Merchant Warehouse.com LLC, RSPA, their agencies and promotional companies involved in this Promotion, and members of their families (defined as spouses, children, parents and siblings and household members of the same), are ineligible to participate in the Promotion and will be ineligible to receive any prize. Merchant Warehouse reserves the right to determine a contestant’s eligibility based on these criteria.    

Selection of Winners

At or about 4:00 p.m. PDT on Wednesday, August 1, 2012, one winner will be randomly selected from all qualified entries. The selected entrant need not be present to win. The selected entrant will win the Prize described below.  Winner must complete, execute and return affidavits of eligibility and, where lawful, liability releases and publicity releases required by Sponsor or applicable law prior to taking possession of Prize.  In the case of failure to sign any required documents, or if winner cannot be located or cannot provide the required documentation within a reasonable time period, or if winner is found to be ineligible or not in compliance with these Rules, or if Winner declines the Prize, then winner will be disqualified and an alternate winner will be randomly selected from qualified entries.  Decisions of Merchant Warehouse shall be based on its discretion and interpretation of these Rules.  These Rules, the instructions at the prize drawing, and the decisions of Merchant Warehouse are and shall be final and binding in all respects.

Prize

One (1) prize (the “Prize”) of a 12-month lease of a 2013 Porsche Boxster (the “Vehicle”) (maximum retail value of $25,000 USD) will be awarded.  Merchant Warehouse will pay the selected auto dealer or leasing company directly.  The Sponsor will determine all features of the Vehicle, including but not limited to color of the interior and exterior, and all other non-standard features, upgrades and options.  Any features, upgrades or options that would result in maximum retail value in excess of $25,000 USD will be allowed only if paid for by winner. Vehicle lease or purchase may be subject to credit approval. Prize is non-transferable. The winner must accept the Vehicle "as is," and no warrantees or maintenance will be provided by Sponsor.  The winner must provide all documentation required by Sponsor and any applicable state or local laws, before possession of the Vehicle will be transferred to the winner.  At the discretion of Sponsor, failure to show the same may result in prize forfeiture and, in the Sponsor’s discretion, selection of an alternate winner.  Winner must take possession of Vehicle in person no later than September 30, 2012, at a location to be determined by the Sponsor.  Winner must agree to be bound by the lease agreement with the auto dealer or leasing company as a condition of receiving the Prize, including assuming any liability for damages to or maintenance of the Vehicle, maintenance of required insurance and return of the Vehicle at the end of the 12-month lease term.  Sponsor reserves the right to make the Prize payment to the auto dealer or leasing company of its choosing by September 30, 2012.  

Alternate Cash Prize

The winner will have the option to accept a prize of $25,000 cash in place of the 12-month lease of a 2013 Porsche Boxster (“Alternate Cash Prize”).   Except as described, Prize is not transferable or exchangeable.  

Taxes and Fees

Winner is responsible for all taxes and fees associated with Prize or Alternate Cash Prize receipt and use, which may include, but are not limited to, license, registration, shipping, handling, dealer preparation costs, automobile insurance, tax, any other fees associated with dealer delivery of the Vehicle and all other expenses related to the receipt and use of the Vehicle, including any travel and transportation costs associated with collecting the Vehicle and returning the Vehicle at the end of the lease term.  Winner will receive from Merchant Warehouse an IRS form 1099-MISC at the end of the calendar year and a copy of such form will be filed with the Internal Revenue Service. 

No Warranty

Merchant Warehouse and its agents or agencies will not assume any responsibilities for damages, losses or injury resulting from the winning, acceptance of or use of the Vehicle. Merchant Warehouse and its agencies and agents make no warranty of any kind regarding the Vehicle. There are no warranties offered by Merchant Warehouse or its agencies or agents, which extend beyond the description on the face hereof.

Winner

There will be one (1) winner of the 2013 Porsche Boxster lease (maximum retail value of $25,000).  The winner will be required to submit valid identification including winner’s Social Security Number, driver’s license and proof of insurance to Merchant Warehouse and to execute an affidavit of eligibility and where lawful a liability and publicity release within ten (10) days following the first attempted notification.  

Winner need not be present to win

If the winner is not present, the winner will be notified by phone, email or U.S. mail within 10 days after the close of the Promotion.  

Odds of Winning

The odds of being selected as the winner depend on the number of valid entries received. 

Winner Release

By receipt of the Prize or Alternate Cash Prize, winner agrees to release and hold harmless Merchant Warehouse.com LLC and its parent companies, subsidiaries, affiliates, directors, officers, employees and agents  from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or the receipt, use or misuse of the Vehicle awarded herein, and acknowledges that neither Sponsor nor any of its employees or agents has made nor are in any manner responsible or liable for any warranty, representation, guarantee, express or implied, in fact or in law, relative to the Prize, the Alternate Cash Prize or the Vehicle, including, but not limited to, the Vehicle's quality, mechanical condition or fitness for a particular purpose.  

Consent to Publicity and Release

Winner agrees to allow Merchant Warehouse use of his or her name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, in perpetuity, without notice or review or approval, except as may be prohibited by law. By entering, the participant releases and agrees to hold harmless Merchant Warehouse and its parent companies, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Promotion or any prize won.

Errors; Entry Problems

Merchant Warehouse is not responsible for typographical or other errors in the offer or administration of this Promotion, including but not limited to errors in advertising, the Rules, the selection and announcement of the winner(s) or the delivery of the Prize or the Alternate Cash Prize. At the discretion of Sponsor, entries determined by Sponsor to be received from any person or household in excess of the stated limitation set forth herein will be void.   Sponsor is not responsible for misdirected, mutilated, unintelligible, incomplete, lost, or late entries, which will be void.  Merchant Warehouse is not responsible for failure of third parties to deliver entries to its booth at the RSPA RetailNOW 2012 convention in Las Vegas on a timely basis.  Sponsor is not responsible for technical or human error or failures of any kind which may occur in the administration of the Promotion or the receipt or processing of entries.  In the event of incidents, beyond the Sponsor's reasonable control, that Sponsor, in its discretion, determines corrupt the integrity, administration, security or proper operation of the Promotion, Sponsor reserves the right to cancel, modify or suspend the Promotion.  In the event of cancellation, the Prize will be awarded from among all eligible entries received prior to the event requiring cancellation, as determined by Sponsor in its discretion.  False or deceptive entries may result in disqualification of such entries.  All entries become the property of Sponsor and will not be acknowledged or returned.  

Disclaimers: Merchant Warehouse assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Merchant Warehouse is not responsible for the acts or omissions of Porsche, the Porsche dealer or the selected leasing company or the loss, delay, or damage to the Prize or the Vehicle. Prize fulfillment may be subject to credit approval.

Trademarks  

Porsche®, Boxster®, and the Porsche crest are registered trademarks of Dr. Ing. h.c. F. Porsche AG.  Without limiting the foregoing, company names and trademarks associated with the Prize are used solely for the purposes of identification of the Prize. No endorsement, authorization, sponsorship, or approval of the Prize manufacturer or trademark owner is intended or implied by such use.  All referenced company names and trademarks are registered trademarks or copyrights of their respective owners.

Privacy 

Information collected from entrants is subject to Sponsor’s Privacy Policy: www.merchantwarehouse.com/privacy-policy

General

By entering the Promotion, entrants agree to be bound by these Rules and the decisions of the Sponsor (including but not limited to eligibility determinations), which decisions are final and binding in all respects.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Rules or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person deliberately to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law.  Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.  

Disputes

By entering the Promotion, entrants agree that (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts sitting in Boston, Massachusetts; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees; and (c) under no circumstances will any entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expense, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, excluding attorney’s fees and court costs.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of any entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules. 

Restrictions

VOID WHERE PROHIBITED BY LAW. The Promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations.  Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Rules and to the Sponsor’s decisions, which are final and binding in all matters related to the Promotion..

Rules; List of Winners

For a copy of these Rules or a list of winners, send a self-addressed, stamped envelope to Merchant Warehouse “Porsche Boxster Lease Giveaway,” c/o Merchant Warehouse, 1 Federal Street, Floor 2, Boston, MA 02110.  Requests will only be accepted after the Promotion end date (listed above) and must be received no later than December 31, 2012.  Merchant Warehouse reserves the right to modify these Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.

Promotion Sponsor

Merchant Warehouse.com LLC, 1 Federal Street, Floor 2, Boston, MA, 02110. This Promotion is not organized, produced or affiliated with Porsche Cars North America, Porsche AG, Volkswagen Group, or Volkswagen AG.