2023 DEFENDER NORTH AMERICAN TROPHY COMPETITION - COMPETITION TERMS AND CONDITIONS
The general terms and conditions set out below (the “Competition Terms”) apply to the 2023 DEFENDER North American Trophy competition (the “Trophy Competition”) being run and administered at a purpose-built course near Austin, Texas by Jaguar Land Rover North America, LLC, 100 Jaguar Land Rover Way, Mahwah, New Jersey, 07495 (“Land Rover”) and its affiliate and group companies or any operator appointed by Land Rover.
1) Employees of Land Rover and authorized Land Rover retailers and employees of any third party affiliated with the Trophy Competition, Land Rover’s parent companies, subsidiaries, distributors and other prize suppliers, directors, officers, and each of their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and household members, whether or not related, or Land Rover’s affiliates, advisors or media/advertising/promotion agencies/partners (and their immediate family and household members whether or not related) are not eligible to enter the Trophy Competition.
2) The Trophy Competition is open only to legal residents of the fifty (50) United States and District of Columbia and Canada. Void outside of the fifty (50) United States and District of Columbia and Canada and where prohibited by law.
1) To enter the Trophy Competition and potentially win the Grand Prize (as defined below), you must enter into a purchase agreement and place a deposit of at least $1,000.00 for a 2023 Trophy-branded Land Rover Defender D130 vehicle (the “Trophy Vehicle”) at an authorized U.S. or Canadian Retailer by October 18, 2023, and register for the Trophy Competition by October 19, 2023, at 11:59 p.m. ET
2) In order to register for the Trophy Competition, eligible entrants must complete an electronic form to be supplied to the eligible entrants at the time of purchase of the Trophy Vehicle by the Retailer. Alternatively, the electronic form will be sent to the eligible entrants via email shortly after purchase of the Trophy Vehicle. Eligible entrants must include, among other things, the following information on the form: first and last name; age; email address; physical address; gender; T-shirt and hat size; and any dietary restrictions for Entrant Participant and Co-Entrant/Teammate.
3) There will be a total of up to 90 slots for the Model Year 2023 Trophy Vehicle owners, of which slots will be available on a first come, first served basis. The registration deadline for the Model Year 2023 Trophy Vehicle owners is October 19, 2023, at 11:59 p.m. ET
4) Each entrant to the Trophy Competition must consist of a team of two (2) individuals as follows:
a. the “Entrant Participant” is the individual owner of the Trophy Vehicle, or a member of the owner’s household and Entrant Participant’s rights cannot be transferred to anyone outside of owner’s household.
b. the “Co-Entrant/Teammate” is an individual selected by Entrant Participant to participate in the Trophy Competition and who must comply with the same eligibility parameters set forth herein.
5) Entrant Participant and Co-Entrant/Teammate must have valid email addresses in order to enter the Trophy Competition and to win the Grand Prize (as defined below).
6) Entrant Participant and Co-Entrant/Teammate must be at least 18 years of age to enter the Trophy Competition and claim the Grand Prize (as defined below).
7) Entrant Participant and Co-Entrant/Teammate must be able to travel to the Horseshoe Bay Resort in Horseshoe Bay, Texas for a to be determined 2 consecutive day period during the period of October 29, 2023, and November 8, 2023.
8) Entrant Participant and Co-Entrant/Teammate must hold valid and current United States or Canada and be able to complete driver’s license declaration forms. Land Rover reserves the right to check the driving history of the Entrant Participant and Co-Entrant/Teammate to confirm that they have at least three (3) years uninterrupted driving experience on a valid driver’s license without a conviction for any driving offenses or serious accidents (which includes any accident involving any form of personal injury) in the last two (2) years.
9) Entrant Participant and Co-Entrant/Teammate must be in good physical condition and have no injuries, ailments or impairments that could jeopardize his/her safety or the safety of others while participating in the Trophy Competition and may be required to sign an additional release and waiver as provided by Land Rover.
10) Entrant Participant’s and Co-Entrant/Teammate’s entry into the Trophy Competition is subject to the acceptance of, and compliance with, these Competition Terms, and any terms contained in applicable promotional material.
Only the prize listed below will be available to be awarded to this segment of the Trophy Competition:
Grand Prize: A total of one (1) Grand Prize consisting of a trip for two (2) people for a Land Rover Adventure Travel program – “Mountain Wilderness” self-drive package. https://www.landrover.ca/en/experiences/adventure-travel/sub-sahara-africa/mountain-wilderness-self-drive.html “DEFENDER TRAVEL PROGRAM Namibia Mountain Wilderness”, adventure travel package, in Namibia to occur between April – June 2024. The prize includes round-trip, business-class air transportation for two (2) people from a major international airport nearest winner’s residence (determined by Land Rover in its sole discretion) to an airport in Namibia designated by Land Rover; four (4) nights’ accommodations at a hotel determined by Land Rover in its sole discretion (one (1) room, double occupancy); round-trip ground transportation between designated locations (including airport, hotel and the “DEFENDER TRAVEL PROGRAM Namibia Mountain Wilderness”) in Namibia; and meals.
Itinerary for the “DEFENDER TRAVEL PROGRAM Namibia Mountain Wilderness”, will be provided to the winner at time of prize notification. Winner must travel on the day before the schedule start of the “DEFENDER TRAVEL PROGRAM Namibia Mountain Wilderness” or the Grand Prize will be forfeited, and Land Rover will have no further obligation to winner. Travel and accommodations are subject to availability and blackout dates and must be made through Land Rover’s agent. Travel must be round trip. Travel cannot be changed once booked. Land Rover will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in the Competition Terms, and those set forth by Land Rover’s airline carrier of choice as detailed in the passenger ticket contract.
Exact timing of the “DEFENDER TRAVEL PROGRAM Namibia Mountain Wilderness”, will depend on availability.
All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above as being provided, including but not limited to, ground transportation outside of the Namibia, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of the winner.
Travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply.
Land Rover will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Land Rover is not responsible if the Trophy Experience is delayed, postponed or cancelled for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.
Approximate Retail Value (“ARV”) of the Grand Prize is USD $20,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable, cannot be taken as cash, and no substitution will be made except as provided herein at Land Rover’s sole discretion. Land Rover reserves the right to substitute the Grand Prize (or portion thereof) for one of comparable or greater value, at its sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All prize details are at Sponsor’s sole discretion.
Limit: One (1) prize per person/household. If an agreement cannot be reached with winning team regarding the selection of the designated wave within seven (7) days of notification of the Grand Prize, Land Rover may select an alternate winner for the Grand Prize with the assistance of the judging panel.
The winner acknowledges that the Grand Prize is an “experience” and not a vacation. The winner and travel companion will be expected to participate in long days of driving, including periods of extreme off-road driving in varying weather conditions as part of the “DEFENDER TRAVEL PROGRAM Namibia Mountain Wilderness”, with potentially other participants in the vehicle.
Winner acknowledges that the driving portion of the Adventure Travel Package may include dangerous activities which may result in injury or death, and both winner and travel companion participate in the adventure travel at their own risk. By accepting the Grand Prize and participating in the adventure travel package, the winner and travel companion represent that they are in good physical and mental health, and do not suffer from any condition or injury which might jeopardize their health or safety during the Adventure Travel package.
Requirements, Restrictions and Exclusions
1) The winner and travel companion must have, and are solely responsible for obtaining, all necessary identification and/or travel documents and visas required for travel, including, but not limited to, a passport valid for at least 6 months at the time of travel and any necessary Visas and vaccinations. Land Rover may assist where necessary in its sole discretion.
2) Comply with all COVID-19 guidelines and any executive orders and directives issued by local government authorities as part of their response to the COVID-19 public health emergency.
3) The winner’s and travel companion’s names used for the North American Trophy Competition entry must match valid government issued identification.
4) A valid credit or debit card may be required for security deposit purposes when checking into any hotel included in a Grand Prize.
5) Released Parties (defined below) are not responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, third party prize providers or any other persons involved in providing any prize-related goods, services or accommodations.
6) Released Parties will not be responsible for missed flights, trains, buses, etc. for any reason, winner’s and travel companion’s failure to book or confirm the same consistent with Land Rover’s instructions, or any resulting expenses.
7) Released Parties are not responsible if winner and/or travel companion is denied entry to, or re-entry from, any aircraft, Namibia or the United States. In such event, the winner will be solely responsible for all additional expenses incurred and may waive participation in the Travel Adventure package, in whole or in part.
8) In the event of war, terrorism, state of emergency, pandemic or disaster, Land Rover reserves the right to cancel, terminate, modify or suspend the Adventure Travel Program or suspend or modify the Grand Prize.
9) The Grand Prize, if won, could result in time off from work or study. Winner and travel companion should ensure prior to entering the Trophy Competition that you are able to take this time off from work or study, where necessary. It is the sole responsibility of the winner and travel companion to arrange time off if necessary.
10) To the fullest extent permitted by applicable law, the Grand Prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Land Rover retains absolute discretion to decide whether the winning team is fit to travel; the winning team (at its own expense) may be required to provide a certificate of good health by a medical practitioner. Land Rover will not be liable to pay compensation to any winner or travel companion who is deemed unfit or unable to travel.
1) In order to enter the Trophy Competition, you must follow the entry process set forth above or otherwise indicate your interest at time of purchase of the Trophy Vehicle.
2) The Entrant Participant and Co-Entrant/Teammate must compete at the Trophy Competition set around the Horseshoe Bay Resort in Horseshoe Bay Texas from October 29, 2023, through November 8, 2023, which consists of a 2-day program (see description below). Land Rover will offer each Entrant Participant and Co-Entrant/Teammate a specific 2-day period during the period of October 29, 2023, and November 8 , 2023, to participate in the Trophy Competition, and Land Rover will make best efforts to accommodate the Entrant Participant’s and Co-Entrant/Teammate’s schedules. However, Land Rover cannot guarantee all Trophy Competition teams will be accommodated.
3) The vehicles provided for the Trophy Competition will be US specification and no protest or complain can be made due to market variations. Trophy Competition instructions will be communicated in the English language and measurements and units will use the US Imperial system.
4) The Entrant Participant and Co-Entrant/Teammate will receive a two-night stay in one double occupancy hotel room at the Horseshoe Bay Resort. Meals, competition instructions and participation. The hotel stay will be paid for by Land Rover. The Entrant Participant and Co-Entrant/Teammate are responsible for travel to and from the Trophy Competition.
5) The Trophy Competition will include some physical exertion, problem solving and off-road driving challenges as well as teamwork exercises. All competitive activities will be scored based on accuracy and time.
6) All eligible and qualified entries are deemed to be eligible to compete for the Grand Prize at the time of participation in the Trophy Competition.
7) A Trophy Competition participant is limited to one entry (i.e., a single Trophy Competition entry).
8) Entrant Participant and Co-Entrant/Teammate must have a sense of adventure and be ready for a challenge as part of their participation in the Trophy Competition. As discussed further below, during the Trophy Competition, Land Rover will form a judging panel and record the scores, times and penalties. Land Rover, together with the judging panel, will select a winner of the Grand Prize.
9) Entrant Participant and Co-Entrant/Teammate agree that, by participating in the Trophy Competition, Land Rover may use their names, images or likenesses in any manner (including a photograph, film or recording of the same) and in any medium now or hereafter devised, for our advertising, promotional and other purposes, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrant Participant and Co-Entrant/Teammate will be required to sign a document to this effect and failure to sign this document will deem the Entrant Participant and Co-Entrant/Teammate ineligible to enter the Trophy Competition.
10) By participating in the Trophy Competition, Entrant Participant and Co-Entrant/Teammate agree that Land Rover may photograph, film and otherwise record them. Entrant Participant and Co-Entrant/Teammate agree that Land Rover shall own all rights, moral rights, title and interest in the Trophy Competition footage and that Land Rover, its designees, successors and assigns may exploit, edit, modify, post, create derivative works of, distribute and otherwise use the footage and all elements of such, including the names, likenesses, voices and performances of individuals embodied therein in whole or in part, in any manner, in any and all media now known or hereafter devised, worldwide in perpetuity, without compensation, notification or permission from Entrant Participant, Co-Entrant/Teammate, their heirs, successors, and assigns, or any third party. Entrant Participant and Co-Entrant/Teammate will be required to sign a document to this effect and failure to sign this document will deem the Entrant Participant and Co-Entrant/Teammate ineligible to enter the Trophy Competition.
11) Land Rover reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who Land Rover has reason to believe has breached any of these Competition Terms, tampered with the entry process or engaged in any unlawful or other improper conduct calculated to jeopardize fair and proper conduct of the Trophy Competition. Errors and omissions may be accepted at Land Rover’s discretion. Failure by Land Rover to enforce any of its right at any stage does not constitute a waiver of those rights. Land Rover’s legal rights to recover damages or other compensation from such an offender are reserved.
12) If there is a dispute as to the identity of an entrant, Land Rover reserves the right, in its sole discretion, to determine the identity of the entrant.
13) Land Rover reserves the right to disqualify any entrant (and void all associated entries) that it feels has sought to take an unfair advantage over other entrants by using such technologies or otherwise in its sole discretion.
Released Parties will not be responsible or liable for: (a) any failure to receive entries due to transmission failures and other conditions beyond its reasonable control; (b) any Trophy Competition disruptions, injuries, losses or damages caused by events beyond the control of Land Rover; or (c) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Trophy Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Trophy Competition, the processing or judging of entries, the announcement of Prizes or in any Trophy Competition-related matters.
Determination of Trophy Competition Winner
1) The Trophy Competition is an exercise of skill and chance plays no part in determining the winners. The Trophy Competition involves selection of a winner by a judge or judging panel during the Competition. The Grand Prize winner will be determined from all valid entries and performance in the Trophy Competition. A different panel of judges may be used for each “heat” of the Trophy Competition. Odds of winning depend on: (1) the calibre of the Entrant Participant’s and Co-Entrant/Teammate’s performance in the challenges; (ii) the number of entrants the day of the Trophy Competition; and (iii) the score the Entrant Participant and Co-Entrant/Teammate obtain during the Trophy Competition.
2) Land Rover and an appointed panel will judge and record the scores, times and penalties. Rankings as judged by Land Rover are final. In the event of a tie for any Trophy Competition wave, a judge will determine the winner based on the fastest cumulative time across all challenges. Land Rover reserves the right to not award a Grand Prize if, in its sole opinion, it does not receive a sufficient number of eligible and qualified entries. Judging scores will not be revealed.
3) The relevant judging panel will determine the winning entry for the Trophy Competition based on a fair objective judging criteria. Land Rover reserves the right to amend the judging criteria before the start of the Trophy Competition to account for weather, local conditions, current events, or any safety-related concerns the day of the Competition. Entrants’ chances of winning depend on their skill in completing challenges during the allotted time during the Trophy Competition and meeting the applicable criteria to the satisfaction of the judges.
4) Scoring: There will be up to sixteen different “challenge” activities as part of the Trophy Competition, each assigned a maximum number of points.
a. The team who achieves the fastest time with the lowest number of penalties, will earn the highest points available for that challenge. The team that completes the challenge with the second fastest time and the second least amount of penalties will receive the maximum number of points minus 10 points. This process will be followed to score the rest of the teams who participate.
b. The overall team scores for each “heat” may be modified on a uniform scale depending on elements outside of the team’s control. For example, extraordinary weather.
c. Failure to complete a challenge may result in zero (0) points.
d. Any intentional negligence while driving and /or vehicle damage may result in a disqualification from a challenge or removal from competition.
e. The Trophy Competition Winner will be the team that has the highest number of points across all challenges at the end of the Trophy Competition day.
f. If teams are tied for the highest number of points, the team with the highest number of tasks completed will be the winner. If teams remain tied, the judging panel, in its sole discretion, will ask the tied teams a number of Trivia questions. The team who answers the most trivia questions correctly will win.
g. Exact task scores will not be shared until after the event if requested and an official protest must be filed with the competition manager on the day of competition. The competition manager has the ultimate authority and discretion in rules, violations, and protest actions.
5) Land Rover reserves the right to verify the identity and age of a winner prior to awarding any Grand Prize. Trophy Competition winner may also be subject to a criminal record or associated background check to ensure suitability of representing the brand.
6) The Trophy Competition winner will be notified by e-mail. The winner of the Grand Prize will have seven (7) days from the date and time the notification was sent to claim the prize by replying in the way required in the notification.
7) If the winner (or later substitute winner) of the Grand Prize does not respond within this timeframe, Land Rover reserves the right to disqualify the winner and instruct the judging panel to select a substitute winner, at its sole discretion.
8) The Trophy Competition winning team members’ names and states may be made available by Land Rover on the Trophy Competition website for a limited time once the winner has been selected.
9) Third party suppliers of the Grand Prize (including venues) may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these.
10) The winner may be required to sign and return any documents reasonably requested by Land Rover including an Affidavit of Eligibility and Liability/Publicity Release, prior to receiving any portion of the Grand Prize. Failure to return any required document by the date requested will render the potential winner ineligible to receive the Grand Prize. If any documentation is not returned as requested within 72 hours of notification via transmission to the email address provided in the entry or other method, or if a potential winner is deemed ineligible prior to a Grand Prize being awarded, Land Rover may, in its sole discretion, award a Grand Prize to the next alternative potential winner selected by the judging panel.
11) The winner of the Trophy Competition (i.e., the team comprised of the Entrant Participant and Co-Entrant/Teammate) must also participate in the Trophy Experience as part of the Grand Prize. Since the Grand Prize is non-transferable, if, for any reason, the winner (i.e., Entrant Participant) identifies a teammate to participate in the Trophy Experience that is different than the Co-Entrant/Teammate that participated in the Trophy Competition, Land Rover reserves the right to deny substituting any individual to ensure that the individual’s capabilities are consistent with the demands of the Trophy Experience.
Privacy and Publicity
1) By participating in a Trophy Competition, to the fullest extent permitted by applicable law, the Entrant Participant and Co-Entrant/Teammate agree to release, discharge, indemnify and hold harmless Land Rover and its parent, subsidiaries, affiliates, related companies, advisors, media/advertising/promotion agencies/partners, distributors, vendors, and prize suppliers, as well as their directors, officers, advisors and employees (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Entrant Participant’s and Co-Entrant/Teammate’s participation in the Trophy Competition, the Entrant Participant’s and Co-Entrant/Teammate’s beach of these Competition Terms, and/or related to any Grand Prize or component of the Grand Prize (including any travel or activity related thereto). Entrant Participant and Co-Entrant/Teammate will be required to sign a release provided by JLRNA and/or any other third party related to the Trophy Competition and failure to sign these releases will deem the Entrant Participant and Co-Entrant/Teammate ineligible to enter the Trophy Competition.
2) The winner of the Trophy Competition agrees (for himself or herself and his or her heirs) that, by accepting the Grand Prize, to the fullest extent permitted by law, the Released Parties will have no liability, and will be held harmless by the Entrant Participant and Co-Entrant/Teammate for any liability, loss, injury or damage to property or person, including death, and reasonable legal fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the Grand Prize or participation in the Trophy Competition, save that nothing in these Competition Terms shall be construed to limit or exclude any liability of a Released Party for fraudulent misrepresentation, fraud, death or personal injury caused by a the Released Party’s negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
1) In the event of exceptional circumstances outside its reasonable control and only where circumstances make this unavoidable, Land Rover reserves the right to cancel or amend the Trophy Competition or these Competition Terms at any stage but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
2) To the fullest extent permitted by applicable law, Land Rover excludes all liability for any costs, expenses, loss or damage whether direct, indirect, consequential or economic arising (whether in contract, tort or otherwise) out of or in connection with your participation in the Trophy Competition, entry into these Competition Terms or receipt or use or misuse of the Grand Prize (including travel or activity related thereto).
3) The decisions of Land Rover are final and legally binding on all entrants, and no correspondence will be entered into with entrants or any other person except as contemplated herein.
4) The Trophy Competition is subject to all applicable United States federal, state and local laws.
5) The Trophy Competition and these Competition Terms are governed by the internal laws of the State of New Jersey, without regard to its conflict of law principles, except where prohibited by law. To the fullest extent permitted under applicable law (and except where prohibited for individuals resident in the province of Québec), all issues and questions concerning the construction, validity, interpretation and enforceability of these Competition Terms, or the rights and obligations of the entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the state of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the state of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New Jersey. Any legal proceeding concerning these Competition Terms must be brought exclusively in the state or federal courts located in New Jersey and you irrevocably submit to the personal jurisdiction and venue of such courts, except where prohibited by law and specifically where prohibited for individuals resident in Quebec.
6) In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Terms and Condition and disclosures or other statements contained in any Competition-related materials, including, but not limited to, the French version of these Officials Terms and Conditions, point of sale, television, print or online advertising and/or any instructions or interpretations of these Official Terms and Conditions given by any representative of the Sponsor, the terms and conditions of these English Terms and Conditions shall prevail, govern and control to the fullest extent permitted by law.
7) SEVERABILITY: The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Sponsor/Promoter: The Sponsor/Promoter of the Trophy Competition is Jaguar Land Rover North America, LLC located at 100 Jaguar Land Rover Way, Mahwah, New Jersey 07430.