Drive to Win (the “Contest”) OFFICIAL CONTEST RULES AND REGULATIONS
(the “Contest Rules” or “Rules”)
NO PURCHASE OR MONETARY CONSIDERATION NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The “Drive to Win” contest (“Contest”) is brought to you and sponsored by VinFast Auto Canada Inc. with an office at 80 Tiverton Court, Suite 400, Markham, Ontario, L3R 0G4 (the “Sponsor” or the “Contest Sponsor”). The Contest starts on August 16, 2024 at 12:00 a.m. EDT and closes on September 16, 2024 at 11:59 p.m. EDT (hereinafter, the “Contest Period”). Please note the Contest Sponsor’s designated computer will be the official time-keeping device for the Contest.
1. Eligibility
The Contest is open to all British Columbia, Quebec and Ontario residents who are at least 21 years old prior to the Contest Period (an “Eligible Participant”).
The Contest Sponsor and its employees, advertising or promotion agencies, representatives, agents or any other person or entity associated with the Contest, including each of their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers, immediate family (spouse, parents, siblings and children), or household members (whether or not related (collectively "Contest Entities") are not eligible.
2. How to Enter the Contest
NO PURCHASE NECESSARY
In order to enter the Contest, Eligible Participants must complete one of the following:
a. Visit https://vinfastauto.ca/en/promotions/drive-to-win-contest (“Website”) and complete the Contest form available therein. To complete the Contest form an Eligible Participant will need to, among other things: (i) enter their first name, last name, complete mailing address (including postal code), valid email address and valid telephone number; and, (ii) truthfully attest that they are over the legal age of majority in their province/territory of residence and that they have read and agree to be legally bound by these Contest Rules. A completed and submitted Contest form is one (1) entry into the Contest, and there is a maximum limit of one (1) entry per Eligible Participant that enters the Contest in accordance with this paragraph; or
b. Complete a test drive of a VinFast vehicle at Contest Sponsor’s showroom or any venue where Contest Sponsor is offering test drives before the Contest Period lapses. Prior to completing the test drive, Eligible Participants must visit the Website, complete the Contest form and register for/schedule the test drive. An Eligible Participant will earn an additional ten (10) entries into the Contest by completing the scheduled test drive in accordance with this paragraph, and there is a maximum limit of 11 entries per Eligible Participant that enters the Contest in accordance with this paragraph. When registering for/scheduling a test drive please ensure to use the same identification details used on the Contest form.
Entries must be submitted and received in accordance with these Rules during the Contest Period.
3. Agreement to Contest Rules
By participating in this Contest you agree to have read, understood and be bound by these Rules and Sponsor’s decisions with respect to same. Sponsor’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules. Any entry deemed to be in violation of the spirit or terms of these Rules is subject to disqualification by the Sponsor.
4. Prize
There is one (1) prize available to be won in the Contest consisting of one (1) two year, 24,000 KM/year lease of a 2025 VF8, where Contest Sponsor will cover the monthly payments, OMVIC fee (or BC and QC equivalent, if applicable), air tax, destination charge, lease administration fee and floor mats (the “Prize”). Approximate value of lease is CAD $30,000.00. IMPORTANT NOTE: UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL RETAIL VALUE OF THE PRIZE AS AT THE TIME OF PRIZE FULFILMENT OR ANY OTHER TIME AND THE RETAIL VALUE OF THE PRIZE NOTED ABOVE BE AWARDED. FOR THE AVOIDANCE OF ANY DOUBT, THE PRIZE CONSISTS OF THE VEHICLE AND NOT THE ACTUAL VALUE OF THE VEHICLE. IF 2025 MODEL YEAR IS NOT AVAILABLE IN CANADA AS OF THE DRAW DATE CONTEST SPONSOR RESERVES THE RIGHT TO SUBSTITUTE WITH THE LATEST MODEL YEAR BEING SOLD IN CANADA.
The Prize winner is solely responsible for all cost, fees and expenses that are not included in the Prize description above, including, but not limited to: registration and license fees, PPSA fees, insurance, additional accessories, tire tax, security deposit of approximately $1,000.00, excess wear and tear and excess mileage and all other costs incurred in claiming, registering, using, and maintaining a vehicle including, without limitation: (a) obtaining a valid driver’s license, license plates, registration, and charging costs; or (b) taking delivery of a vehicle. No upgrade or option package(s) are permitted on the Prize vehicle (except at the sole discretion of the Contest Sponsor).
5. Prize Details
Substitutions and Changes. The Prize must be accepted as described in these Rules and is not transferable, assignable, exchangeable for another prize or convertible to cash (except as may be specifically permitted by the Contest Sponsor in its sole and absolute discretion). All characteristics and features of the Prize, except as otherwise explicitly stated in these Rules, are at the Contest Sponsors sole and absolute discretion. For example, the colour and other specifics of the Prize will be at the sole and absolute discretion of the Contest Sponsor and subject to availability. The Contest Sponsor reserves the right at any time to substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Contest Sponsors sole discretion, a cash award. The manufacturer’s standard New Vehicle Limited Warranty in accordance with the terms and conditions applicable thereto, if any, applies to the Prize. If the confirmed winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place.
In the event the Prize cannot be claimed by the confirmed winner due to credit requirements, Contest Sponsor may consider in its sole discretion permitting the confirmed winner to lease the Prize with a guarantor or co-signor. If a guarantor or co-signor is not possible, Contest Sponsor may permit the confirmed winner to nominate a third party to claim the Prize for third party’s use and possession, provided such third party is able to fulfill all document and delivery requirements of the Prize as contemplated in these Rules. In the event no third party is nominated by the confirmed winner the Contest Sponsor may, in its sole discretion, provide the confirmed winner with one thousand Canadian dollars ($1,000.00) and select another winner.
Taking Delivery. Upon notification, the winner will personally take delivery of the Prize from a VinFast showroom closest to and within the province of the winner's primary residence as designated by the Contest Sponsor its sole discretion (the “Delivery Site”), and will be required to present adequate personal identification (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification) to claim the Prize. The Prize will not be released unless and until the confirmed Prize winner first shows proof (in a form acceptable to the Contest Sponsor) of having a valid and unencumbered driver’s license (equivalent to a full “G” class license in Ontario) in the province/territory in which he/she/they reside and proof (in a form acceptable to the Contest Sponsor) of satisfactory insurance. The Prize winner shall bear any risk of loss or damage to the Prize after it has been delivered to the Delivery Site. The winner will be required to comply with reasonable requests from Contest Sponsor to provide winners voice, statements about the Contest and/or photograph or other likeness at the Delivery Site or at any time until the winner has taken possession of the Prize.
Documentation. The Prize winner will be required to sign the Delivery Site’s applicable lease documents such as the lease agreement, credit check authorizations and acknowledgement letter, confirming (among other things) acceptance of the applicable Prize vehicle in order to receive the Prize. IMPORTANT NOTE: The winner of the Prize must allow for up to 90 days following receipt and verification of all winner confirmation documents by the Contest Sponsor and any additional required forms. Redemption of the Prize must occur within and/or on or before the date or dates specified by the Contest Sponsor (otherwise the Prize may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place).
Delay or Unsatisfaction. The Contest Entrants and confirmed winner understand and accept any delay or postponement, for any reason, of any aspect of the Prize. Neither the confirmed winner nor any other person or entity will be compensated in the event of such delay or postponement. Furthermore, none of the Contest Entities makes any representation or offers any warranty, express or implied (except for Québec consumers, who may benefit from warranties implied under sections 37, 38, 53 or 54 of the Québec Consumer Protection Act, c. P-40.1, to the extent those sections apply), as to the quality or fitness of the Prize awarded in connection with the Contest. The confirmed winner understands and accepts that the Prize awarded in connection with the Contest shall be awarded “as is” and that the Prize may not be exactly as shown in promotional materials. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Contest Sponsor or any of the other Contest Entities should the Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Contest Entities if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
6. Winner Selection
On October 16, 2024, Contest Sponsor will randomly select one (1) entry to be the winner, one (1) entry to be the first back up winner, and one (1) entry to be the second back up winner. The first randomly selected winner will be contacted via email or telephone number and will need to respond within 48 hours to claim their prize or they may be disqualified in Sponsor’s sole and absolute discretion. If disqualified, Contest Sponsor will contact the first back up winner in the same fashion and with the same timelines as with the disqualified winner. If the first back up winner is disqualified, Contest Sponsor will contact the second back up winner in the same fashion and with the same timelines as with the disqualified winners. Eligible Entrants must comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements herein.
No one is a winner until the Sponsor confirms them as a winner and they fulfill their obligations in these Rules. Before being declared a winner, each prospective winner will be required to: (i) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by e-mail or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (ii) sign and return in electronic format within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the applicable prize (as awarded); (c) [THIS SUBSECTION 6(c) DOES NOT APPLY TO QUÉBEC CONSUMERS] releases the Sponsor and all of the other Contest Entities from any and all liability in connection with the Contest, their participation therein and/or the awarding and use/misuse of the prize or any portion thereof; (d) agrees to indemnify the Contest Entities against any and all claims, damages, liabilities, costs, and expenses arising from use of their entry; and (e) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the Internet.
7. General Terms and Conditions
Violation of Rules. Anyone deemed by the Sponsor to be in violation of the spirit of Rules may be disqualified in Sponsor’s sole and absolute discretion. Sponsor reserves the right to suspend, terminate, amend (including amendment of the Rules and/or timelines) or withdraw the Contest, in any way, if there is interference or delay of any kind with the proper provision or administration of the Contest, such as fraud, failure of technology or platforms, errors of any kind, viruses, bugs, verification of entrants’ compliance with the Rules or any other circumstance that, in the opinion of Sponsor, affects the proper provision or administration of the Contest. The Contest Sponsor further reserves the right, at its sole discretion, to disqualify any individual from the Contest, and/or to revoke, rescind, withhold or otherwise limit or restrict the Prize awarded to a winner, and/or to ban the individual from any future contest of the Contest Sponsor who it finds or believes to be: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of the Contest Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; (iii) acting or involved in any situation or occurrence which brings them into public disrepute, contempt, scandal, or ridicule, or which shocks, insults, or offends the community or any group or class thereof, or to offend public morals and decency to or which reflects unfavourably upon the Contest Sponsor (if applicable), and its parent, subsidiaries and affiliates, media partners, advertising and promotional agencies and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns, or their respective products or services, as determined in the reasonable discretion of the Contest Sponsor; or (iv) posting or making available to the public any post, picture, video, statement, or any other content of any form on any media (including any social media platform) mentioning, tagging, alluding to, or associating itself in any way with the Contest and/or the Prize which, in the reasonable discretion of the Contest Sponsor, infringes or otherwise violates the rights of the Contest Sponsor and its parent, subsidiaries and affiliates, media partners, advertising and promotional agencies and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns.
Invalidity. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Governing Law. [THIS PARAGRAPH DOES NOT APPLY TO QUÉBEC CONSUMERS] To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Contest Entities in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. To the fullest extent permitted by applicable law, the parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.
Privacy. By entering this Contest, each entrant understands that the Sponsor, its agents and/or representatives, shall process the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (https://vinfastauto.ca/en/privacy-policy).
Release and Limitations of Liability. [THIS PARAGRAPH DOES NOT APPLY TO QUÉBEC CONSUMERS] By participating in the Contest, entrants agree to release and hold harmless the Contest Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize. Entrants further agree that Sponsor will not be liable for: (i) any website, platform or any other technical malfunction in the provision and administration of the contest, (ii) Sponsor’s failure to receive any entries, (iii) any mistake in identifying a winner or (iv) any decision made by Sponsor pursuant to these rules, including those that are in the sole and absolute discretion of the Sponsor. By entering this Contest, Eligible Participants agree that the Contest Sponsor and Contest Entities (if applicable) and each of their respective subsidiaries and affiliates, media partners, advertising and promotional agencies and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns do not make any representation or warranty, or assume any liability beyond, where applicable, what has been described as the Prize in these Rules.
Release and Limitations of Liability for Québec Consumers Only. By participating in the Contest, entrants agree that the Contest Entities’ maximum liability for any claim or cause of action arising out of participation in the Contest or the receipt or use of any prize shall be one hundred Canadian dollars (CAD $100). Entrants further agree that Sponsor will not be liable for the following, except where such events are direct consequence of the Sponsor’s own acts or those of its representative: (i) any website, platform or any other technical malfunction in the provision and administration of the contest, (ii) Sponsor’s failure to receive any entries, or (iii) any mistake in identifying a winner. By entering this Contest, Eligible Participants agree that the Contest Sponsor and Contest Entities (if applicable) and each of their respective subsidiaries and affiliates, media partners, advertising and promotional agencies and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns do not make any representation or warranty beyond what has been described as the Prize in these Rules.
Class Action Waiver. [THIS PARAGRAPH DOES NOT APPLY TO QUÉBEC CONSUMERS] By entering this Contest, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action.
Intellectual Property. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations is owned by Contest Sponsor or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
Language. [For Québec consumers only] Entrant acknowledges having received the French version of these Rules and has requested and agrees to be bound by the English version instead. / Le participant reconnaît avoir reçu la version française de ces règles et a demandé et accepté d'être lié par la version anglaise à la place.
