Les Schwab Promotion Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON.
PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES AND ALL DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL RESPECTS. WINNING THE PRIZE IS CONTINGENT ON BEING COMPLIANT WITH AND FULFILLING ALL REQUIREMENTS OF THESE OFFICIAL RULES. ANY VIOLATION OF THESE RULES MIGHT RESULT IN DISQUALIFICATION, WITHOUT NOTICE OR OTHER OBLIGATION TO THE VIOLATOR. ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.
1. Sponsor. The sponsor of this promotion is Les Schwab Tire Centers of Oregon, Inc., 20900 Cooley Road, Bend, OR 97701, and its affiliates (“Sponsor”).
a. Promotion Period. The promotion entry period begins on November 1, 2017 at 12:01 a.m. Pacific Time (“PT”) and ends on November 30, 2017 at 11:59 p.m. PT (the “Promotion Period”). Sponsor will give away one prize after the end of the Promotion Period. Sponsor’s computer is the official time-keeping device for the promotion.
b. Drawing(s). Sponsor will randomly select a potential prize winner on or about December 3, 2017, drawn from all eligible entries. See prize details below.
3. Eligibility Requirements. The promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who can provide proof of U.S. residency. Residents of U.S. territories and possessions and U.S. military installations in foreign countries are NOT eligible to enter this promotion or win the prize. Past and present employees, officers, directors, independent contractors, and representatives of Sponsor, of other companies involved in the development or execution of this promotion, and their respective affiliates, as well as the immediate family members (spouse, parents, siblings, and children) and household members of such employees, officers, directors, independent contractors, and representatives are not eligible to enter this promotion or win the prize. This promotion is subject to all applicable federal, state, and local laws and regulations.
4. How to Enter. To enter, complete the survey located at www.lesschwablistens.com during the Promotion Period. Follow the survey directions, and, if prompted, provide the required information (such as, but not limited to, your name and email address). Once you complete the survey, you will automatically be entered for a chance to win the prize.
Alternative method of entry: While we encourage and appreciate submission of survey responses, you do not have to submit a survey response to enter the promotion, and submitting a survey response will not increase your chance of winning. If you do not submit a survey response, you may request that Sponsor mail you an entry form by contacting Sponsor at the address in Section 1 above (addressed to Attn: Les Schwab Promotion Entry Form), and you may then enter the promotion by mailing the completed entry form to Sponsor at the address in Section 1 (addressed to Attn: Les Schwab Promotion Entry). If you provided all required information, you will then be entered for a chance to win the prize, provided that the entry form must be received during the Promotion Period.
The promotion is limited to one entry per person during the Promotion Period.
Entries received from any person in excess of the stated limitation will be void. Any attempt by a participant to enter the promotion more than once by using multiple/different identities or any other method might disqualify that participant from the promotion entirely. Use of any automated system to participate is prohibited and might result in disqualification. Sponsor has no obligation to notify the participant of the disqualified entry.
In the event of a dispute as to the person associated with any entry, the authorized account holder of the email address (or the owner or renter of the home at the mailing address) used to enter will be deemed the participant. With respect to email addresses, the “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner might be required to show proof of being the authorized account holder (or proof of being the owner or renter of the home at the mailing address).
Only entries received by the end of the Promotion Period will be eligible for the prize. Sponsor will not verify receipt of entries, and proof of submission will not be deemed proof of receipt by Sponsor. Entry materials are automatically null and void if not obtained through the authorized channels or if any part is late, lost, stolen, incomplete, illegible or unintelligible, invalid, damaged, misdirected, or contains typographical or other errors, and Sponsor is not responsible or liable in any way for such entries or errors. Sponsor has no obligation to notify the participant of the disqualified entry. All entries become the property of Sponsor.
5. Winner Selection and Notification.
a. Winner Selection. One entry will be selected via a random drawing on or about December 3, 2017. There will only be one (1) prize winner and one (1) prize.
b. Winner Notification and Response Requirements. Receiving the prize is contingent upon compliance with these Official Rules. The potential winner will be notified by email or mail. Once the potential winner is contacted by Sponsor via email, he or she will have five (5) calendar days from the day Sponsor sends the notification, to respond and claim the prize. If Sponsor notifies the potential winner via mail instead of email, the potential winner will have eight (8) calendar days from the day Sponsor delivers the notification to the U.S. Postal Service or other common carrier of Sponsor’s choosing, to respond and claim the prize. If the potential winner does not respond within the timeframe outlined above, or if the prize notification is returned as undeliverable, the prize will be forfeited without notice to the potential winner, and the prize may, in Sponsor’s discretion, be given to an alternate winner, selected via random drawing from all eligible entries received during Promotion Period.
Prize award is subject to verification of eligibility and compliance with these Official Rules. Sponsor may, in its discretion, require that the potential winner complete and return to Sponsor an affidavit of eligibility and release and/or other documentation in order to receive the prize. If such documents are not returned within the timeframe set forth in the paragraph above after prize award notification, the prize will be forfeited without notice to the potential winner, and the prize may, in Sponsor’s discretion, be given to an alternate winner, selected via random drawing from all eligible entries received during the Promotion Period.
REPLYING TO THE PRIZE NOTIFICATION WILL NOT AUTOMATICALLY MAKE THE POTENTIAL WINNER THE ACTUAL PRIZE WINNER. THE POTENTIAL WINNER MUST MEET ALL ELIGIBLY REQUIREMENTS AND OTHERWISE COMPLY WITH THESE OFFICIAL RULES.
The winner may, in Sponsor’s discretion, be announced on Sponsor’s website (www.lesschwab.com), various social media platforms, and/or in other marketing materials, though this is not how the potential winner will be notified of the prize. As such, each entrant agrees to be subject to the terms of service and privacy statements of each social media platform through which Sponsor might announce the winner.
6. Odds of Winning. The odds of winning depend on the number of eligible entries received during the Promotion Period.
7. Prize and Prize Value. One (1) Visa gift card worth USD 250 will be given away to the prize winner. There will be only one prize winner and one prize.
All applicable federal, state, and local taxes associated with acceptance and use of the prize are the sole responsibility of the winner. All expenses and items not specifically mentioned in these Official Rules are not included and are the winner’s sole responsibility. The prize may not be exchanged by the winner for cash or otherwise, and the prize is non-refundable. No transfer, substitution, or assignment of the prize by the winner is permitted. The prize is subject to availability and substitution by Sponsor, in whole or in part, with a prize of equal or greater retail value if the prize is unavailable or cannot be awarded for any reason, in Sponsor’s sole discretion. Sponsor makes no representation, warranty, or guarantee in whole or in part, express or implied, in fact or in law, in relation to the prize and/or the use of the prize or products or services purchased with the prize. Without limiting the generality of the foregoing sentence, Sponsor expressly disclaims any and all representations, warranties, and guarantees regarding the prize, including without limitation, those regarding the appearance, safety, quality, performance, merchantability, fitness for a particular purpose, and/or suitability for use of the prize or products or services purchased with the prize, and/or non-infringement of third party rights and/or title. Sponsor expressly disclaims any and all responsibility and liability for injury, death, and/or loss to any person or property relating to the delivery, possession, use, and/or misuse of the prize or products or services purchased with the prize. Additional restrictions, conditions, disclaimers, and limitations regarding the prize may apply and will accompany the prize.
Sponsor will coordinate prize pick-up or delivery with the winner directly. If Sponsor delivers the prize via mail, the prize will be deemed delivered to the winner once the prize is delivered by Sponsor to the U.S. Postal Service or other common carrier of Sponsor’s choosing. Sponsor will not be responsible or liable for a lost, stolen, or damaged prize once mailed by Sponsor to the address provided by the winner or once delivered to the U.S. Postal Service or other common carrier, or for any loss or damages relating to delivery, use, or misuse of the prize. The winner may be responsible for the cost of travel to claim the prize. By participating, the winner waives the right to claim as a cost of winning the prize, the cost of travel required to claim or use the prize.
All details of the prize not set forth in these Official Rules are at the sole discretion of Sponsor.
8. Publicity Release. Unless prohibited by law, acceptance of the prize by the winner shall constitute and signify the winner’s agreement and consent that Sponsor, and third parties on Sponsor’s behalf, may use the winner’s name, city and state of residence, biographical data, voice, statements, image, likeness, and/or prize won (collectively the winner’s “Name and Likeness”) for marketing and promotional purposes and for any other business purpose, in any media, now known or hereafter developed, throughout the world, including on the Internet, without providing additional notice, consent, review opportunity, or consideration to the winner and without restriction as to the frequency of use. The winner agrees that Sponsor (and third parties on Sponsor’s behalf) has(ve) the unrestricted, absolute, perpetual, and worldwide right to reproduce, copy, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives of, and otherwise use the winner’s Name and Likeness. The winner agrees that Sponsor may alter the winner’s Name and Likeness and may combine the winner’s Name and Likeness with other materials and information (including without limitation text, data, images, photographs, illustrations, animation and graphics, or video or audio segments of any nature, in any media or embodiment, now known or hereafter developed). The winner agrees that Sponsor’s use of his or her Name and Likeness, as set forth in this Section 8, might subject the winner to the terms of service and privacy statements of various social media platforms. Sponsor is not responsible or liable for any use of the winner’s Name and Likeness by a third party as a result of Sponsor’s use of or posting of the winner’s Name and Likeness on a social media platform or other website or elsewhere. The winner agrees that, if requested by Sponsor, he or she will execute other agreements to enable Sponsor to pursue and protect its rights hereunder.
The winner accepts and acknowledges that Sponsor shall not be obligated to use the winner’s Name and Likeness, and Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
10. Release. By participating in this promotion, you (i) agree to release Sponsor and affiliates, suppliers, advertising/promotion agencies, and prize supplier, and each such company’s present and future officers, directors, shareholders, employees, and agents (collectively, the “Releasees”) from any and all claims, lawsuits, actions, allegations, demands, liabilities, losses, damages, injuries, death, damage to or loss of personal property, and costs and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to your participation in this promotion; your acceptance, possession, use, and/or misuse of the prize and/or products or services purchased with the prize, and/or use and/or misuse of the prize and/or products or services purchased with the prize by any other party once delivered to you; and/or the Releasees’ use of your Name and Likeness under Section 8 (including without limitation liability from and claims for libel, defamation, invasion of privacy or right of publicity, infringement of copyright, or violation of any other right); and (ii) agree to indemnify and hold harmless the Releasees from and against any and all third-party claims, lawsuits, actions, allegations, demands, liabilities, losses, damages, injuries, death, damage to or loss of personal property, and costs and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to your participation in this promotion; your acceptance, possession, use, and/or misuse of the prize and/or products or services purchased with the prize, and/or use and/or misuse of the prize and/or products or services purchased with the prize by any other party once delivered to you; and/or the Releasees’ use of your Name and Likeness under Section 8 (including without limitation liability from and claims for libel, defamation, invasion of privacy or right of publicity, infringement of copyright, or violation of any other right); and (iii) acknowledge and agree that the Releasees have not made and are not responsible or liable for any guarantees, warranties, or representations, express or implied, regarding the prize and/or products or services purchased with the prize and/or use thereof. The prize must be accepted as awarded, and the prize is awarded “AS IS” and “AS AVAILABLE” with no guarantee, warranty, or representation, express or implied, in fact or in law.
11. Limitations of Liability. Releasees are not responsible for and have no obligation to notify participants of: (i) any incorrect or inaccurate information, whether caused by participants, printing or typographical errors, or by any of the equipment or programming associated with or utilized in the promotion; (ii) technical failures of any kind, including without limitation malfunctions, interruptions, or disconnections in phone lines, network availability, server or other connections, hardware or software, or other equipment; or other disruption related to Internet traffic, viruses, or otherwise; (iii) forces beyond the reasonable control of Sponsor that might cause the promotion to be disrupted or corrupted; (iv) unauthorized human intervention in any part of the entry process or the operation of the promotion; (v) technical or human error which might occur in the administration of the promotion or the processing of entries; (vi) late, lost, incomplete, inaccurate, misdirected, illegible or unintelligible, undeliverable, damaged, or stolen entries or correspondence; or (vii) any injury, death, or damage to persons or property which might be caused, directly or indirectly, in whole or in part, from a participant’s participation in the promotion; receipt, possession, use, or misuse of the prize and/or products or services purchased with the prize; or use of the winner’s Name and Likeness under Section 8. If, for any reason, a participant’s entry is confirmed to have been erroneously deleted, lost, stolen, misdirected, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the promotion, if it is possible at that time.
12. Disputes; Limitation of Liability. Except where prohibited, participants agrees that: (i) these Official Rules, and the rights and obligations of the participants and Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of Oregon without giving effect to any conflict-of-law rules that would result in the application of the laws of any other jurisdiction; (ii) any and all disputes, claims, and causes of action arising out of or connected with this promotion or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal, state, or local courts located in Deschutes County, Oregon. Participants submit to the exclusive jurisdiction and venue of the courts located in the State of Oregon for any and all claims and causes of action relating to this promotion or prize awarded; (iii) regardless of any statute or law to the contrary, you must file any claim or cause of action against Releasees arising out of or relating to this promotion or your acceptance, receipt, use, or misuse of the prize and/or products or services you purchase with the prize within one year after such claim or cause of action arose, or forever be barred; (iv) any and all claims, causes of action, judgments, and awards shall be limited to the greater of (a) actual out-of-pocket costs incurred by the applicable participant relating to the promotion, including costs associated with entering the promotion and claiming the prize (if any); or (b) USD 50.00, but in no event will any participant be awarded attorneys’ fees; and (v) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, indirect, punitive, special, exemplary, enhanced, incidental, and/or consequential damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE MIGHT NOT APPLY TO YOU.
13. General. Unless required by law, Sponsor is not required to review or respond to any correspondence received from a participant regarding the promotion. If any provision of these Official Rules is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Official Rules shall continue in full force and effect. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term on another occasion or any other term. Sponsor reserves the right to cancel, suspend, and/or modify the promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the promotion, or if the promotion is not capable of being executed as planned for any other reason, as determined by Sponsor in its sole discretion. If the promotion is terminated before the end of the Promotion Period, Sponsor may, in its discretion, randomly select a winner from all eligible entries received as of the termination date. Sponsor reserves the right, in its sole discretion, to disqualify any individual who Sponsor finds to be tampering with the entry process or the operation of the promotion or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner.
CAUTION: Any attempt by any person to defraud Sponsor in connection with the promotion, to damage any website, or to otherwise deliberately undermine the legitimate operation of the promotion, might be a violation of criminal and civil laws and subject to criminal and civil penalties. Should such an attempt be made, Sponsor will disqualify any such person from the promotion, without notice to such person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law and to cooperate in the prosecution of any such conduct.
14. Winner’s Names. To request the winner’s name, send a self-addressed, stamped envelope to Les Schwab Tire Centers of Oregon, Inc., Attn: Promotion Winner’s Name, 20900 Cooley Road, Bend, OR 97701; or send an email to firstname.lastname@example.org.
Consumer Disclosure: You have not yet won. No purchase or payment necessary to enter or win. Open to legal residents of USA & D.C. Must be 18+. Entry period: 12:01 a.m. PT on November 1, 2017 to 11:59 p.m. PT on November 30, 2017. To enter, complete the short survey located at lesschwablistens.com. Prize: $250 Visa gift card. Only one prize winner. Odds of winning depend on number of eligible entries received. Limit: One entry per person. Other restrictions apply. Void where prohibited. Sponsor: Les Schwab Tire Centers of Oregon, Inc., 20900 Cooley Road, Bend, OR 97701, and its affiliates. For complete Official Rules, go to LesSchwab.com/surveyterms.