Latest Update: November 16, 2012; 5:20PM EST
Pesocar / Potter Esquire Media Group provides access to and use of the Pesocar, Pesocar / Potter Esquire Media Group, and other associated web sites subject to these terms and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THESE WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
DISCLAIMER OF LIABILITY
Pesocar participants must be a legal resident of the U.S. who is 18 years of age or older. Pesocar / Potter Esquire Media Group is a lottery and casino, which acts solely as a broker between car dealership (seller) and winner (entry buyer). Vehicles are only eligible for giveaway once the retail book value of the vehicle is met via total sum of entry ticket buy-ins for each particular vehicle per week. If the retail book value total is not met, the vehicle will stay listed for additional week(s) until the vehicle retail book value is met. In this case, entry buyers' original entries will rollover into the following week(s), or until the vehicle retail book value is met. No additional purchase is necessary. Void where prohibited by law.
Pesocar / Potter Esquire Media Group purchases vehicles outright, then puts the winner (entry buyer) in direct contact with the car dealership (seller). All dealings from that point on are solely between the winner (entry buyer) and the car dealership (seller), removing Pesocar / Potter Esquire Media Group from any liability regarding the vehicle. All vehicle inquiry regarding vehicle condition and warranty must be directed to the car dealership (seller). The winner (entry buyer) is fully responsible for registering the vehicle in their respective state, and paying all vehicle registration fees, including state and federal tax for the vehicle. The winner (entry buyer) is also fully responsible for securing state required vehicle insurance and paying all fees incurred for said insurance. Winners (entry buyers) are solely responsible for any federal, state, or local income taxes on prizes/vehicles.
Neither Pesocar / Potter Esquire Media Group nor any of its member lotteries, Directors, Officers or employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall the Pesocar / Potter Esquire Media Group or its member lotteries, Directors, Officers or employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage.
This disclaimer of liability applies to any damages or physical injury, including but not limited to those caused by any failure of vehicle performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
The Pesocar / Potter Esquire Media Group and any other parties involved in creating, producing, or delivering the website assume no responsibility for, and shall not be liable for, any damages to or interference with equipment, programs, files, or other property (for example, from viruses) whether such damages are related to access or use of the website or other locations accessible through the website. Your sole remedy for dissatisfaction with or damage sustained in connection with the website is to stop using the website. Your permission to use the website may automatically terminate without notice at Pesocar / Potter Esquire Media Group's sole discretion.
Your access to and use of the website are at your risk. Under no circumstances, including but not limited to negligence, shall the Pesocar / Potter Esquire Media Group, its member lotteries, Directors, Officers and employees and any other parties involved in creating, producing, or delivering the website be liable for any damages whatsoever (including, without limitation, any direct, incidental, consequential, indirect, or punitive damages) arising out of or related to your access to, use of, or inability to access or use the website, or other locations accessible through the website, even if Pesocar / Potter Esquire Media Group or a Pesocar / Potter Esquire Media Group authorized representative has been advised of the possibility of such damages.
DISCLAIMER OF WARRANTIES
Although the data found using the Pesocar / Potter Esquire Media Group's access systems have been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made by the Pesocar / Potter Esquire Media Group, its member lotteries, Directors, Officers or employees regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. Pesocar / Potter Esquire Media Group provides this information on an "as is" basis and the Pesocar / Potter Esquire Media Group, its member lotteries, Directors, Officers and employees assume no liability or responsibility for any errors or omissions in the content of the website. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed.
DISCLAIMER OF ACCURACY OF DATA
The user expressly agrees that use of the Pesocar / Potter Esquire Media Group's website is at the user's sole risk. The Pesocar / Potter Esquire Media Group does not warrant that the service will be uninterrupted or error free. The documents published on this server could contain technical inaccuracies or typographical errors. The information in the website may be inaccurate, incomplete or out of date and the Pesocar / Potter Esquire Media Group makes no commitment to update such information. Changes may be made periodically to laws, regulations, rules, and similar materials; these changes may or may not be incorporated in any new materials on the website. If you have obtained information from the Pesocar / Potter Esquire Media Group from a source other than the Pesocar / Potter Esquire Media Group, be aware that electronic data can be altered subsequent to original distribution. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the Pesocar / Potter Esquire Media Group. (info [at] pesocar.com)
DISCLAIMER FOR EXTERNAL LINKS
Pesocar / Potter Esquire Media Group is not responsible for the contents of any on- or off-site pages referenced. The user specifically acknowledges that the Pesocar / Potter Esquire Media Group is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the Pesocar / Potter Esquire Media Group on the Internet to other websites do not constitute an endorsement from the Pesocar / Potter Esquire Media Group. These links are provided as an information service only. It is the responsibility of the web surfer to evaluate the content, accuracy and usefulness of information obtained from this or other websites. The Pesocar / Potter Esquire Media Group's website contains links to other related Internet websites and resources. Since the Pesocar / Potter Esquire Media Group's website is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its website administrator or webmaster.
INFORMATION REGARDING "COOKIES" AND PRIVACY
If you identify yourself by sending an e-mail message containing personal information: You may decide to send the Pesocar / Potter Esquire Media Group personally-identifying information, for example your phone number or mailing address, in an e-mail message requesting that information or records be mailed to you. Information collected in this manner is used by the Pesocar / Potter Esquire Media Group solely for responding to requests for information or records. Further, you should be aware that such communications are not secure and, in theory, could be viewed by anyone with access to the Internet. The Pesocar / Potter Esquire Media Group, its member lotteries, Directors, Officers and employees are not responsible for any damage caused by the obtaining of personal or personally-identifying information by a third party by any means, including theft, program error, human error, and by any means of malicious intent.
The Pesocar / Potter Esquire Media Group shall remain the sole and exclusive owner of all rights, title and interest in and to all specifically copyrighted information created and posted for inclusion in this system. Users should assume, unless otherwise specifically noted, that everything you see or hear on the Pesocar / Potter Esquire Media Group website, and any files or programming related to the website, are protected by proprietary rights, such as copyright, trademark, rights of publicity, etc. Absence of a specific notice of proprietary rights, such as a copyright notice, does not necessarily mean that the item is in the public domain. Unauthorized copying or use of items from the website can lead to enforcement actions by the holders of proprietary rights, severe penalties, and, in some instances, criminal actions. Users may not, recopy, distribute, publicly display, modify, transmit, reuse, repost, or use for public or commercial purposes any of the contents of the website, such as text, images, logo, audio, and video, without the Pesocar / Potter Esquire Media Group's prior written permission. Please send e-mail to Pesocar / Potter Esquire Media Group for permission requests. (info [at] pesocar.com)
Pesocar / Potter Esquire Media Group welcomes hyperlink establishment to its web sites. The link should be established under the following conditions:
• It should be established to the home page of the web site at www.pesocar.com or www.pesqmg.com.
• None of the our website pages should be framed or inserted.
• It should not be construed as any form of Pesocar / Potter Esquire Media Group’s endorsement of your web site or any sort of co-operation, partnership or joint venture between us.
• Only the name and the web site address of Pesocar or Potter Esquire Media Group can be displayed on your web site that is linked with the our web sites.
• You may not use the any logo (i.e. Pesocar, Potter Esquire Media Group, etc.) without our express written approval.
Pesocar / Potter Esquire Media Group when appropriate, may use links to other web sites. Pesocar / Potter Esquire Media Group is not responsible for the contents of any of the information on any web sites linked with its web site. The inclusion of any link does not imply endorsement by the Pesocar / Potter Esquire Media Group or its members.
PREVENTION OF UNDERAGE GAMBLING
Pesocar / Potter Esquire Media Group requires all users to be 18 years of age or older, or of legal age to gamble in their jurisdiction, whichever is older. Pesocar / Potter Esquire Media Group never engages in advertising directed at minors.
Any accounts found to have been opened by an underage individual will be immediately disabled and any winnings forfeit. Misrepresenting your age to avoid age restrictions is considered fraud and is a serious offense.
In order to prevent underage individuals from accessing your account we recommend keeping your account number and password secret, not leaving your computer unattended when logged in to your account, and never sharing your Credit Card number or banking information with minors.
If there are children under 18 who have access to your computer, you may want to consider installing parental control software to prevent access to online gaming sites and other material, such as:
Use of the Pesocar / Potter Esquire Media Group information technology system to send unsolicited faxes and e-mail to the Pesocar / Potter Esquire Media Group's members or its employees is prohibited.
STATEMENTS PROVIDED BY THIRD PARTIES
Occasionally, statements or material by third parties, including advertisers, may be posted on the web site. This is not an indication of Pesocar / Potter Esquire Media Group's or it's members endorsement of such statements or information.
CHOICE OF LAW
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the state of Nevada, Delaware, Iowa, and New Jersey. The laws of the state of Nevada, Delaware, Iowa, and New Jersey shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties.