Les Schwab Promotion Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND OR SURVEY RESPONSE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OR SURVEY RESPONSE WILL NOT INCREASE YOUR CHANCES OF WINNING.
YOU HAVE NOT YET WON.
BY ENTERING THIS PROMOTION, YOU ACCEPT AND AGREE 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. All references to the terms “you” and “participant” in these Official Rules include all individuals who enter, regardless of whether they win. All references to “the winner” means a winner of a given Monthly Promotion (defined below).
1. Sponsor.
The sponsor of this Promotion is Les Schwab Warehouse Center, LLC, P.O. Box 5350, Bend, OR 97708, and its affiliates (collectively, “Sponsor”).
2. Timing.
a. Monthly Promotion Periods. The sweepstakes consists of separate monthly sweepstakes (each, a “Monthly Promotion” and collectively, all Monthly Promotions are referred to as the “Promotion”). The entry period for each Monthly Promotion begins on the 1st day of each calendar month at 12:00:01 a.m. Pacific Time (PT) and ends on the last day of the same calendar month at 11:59:59 p.m. PT (each a “Monthly Promotion Period”). All entries for a Monthly Promotion must be received by the end of the applicable Monthly Promotion Period for that Monthly Promotion. Sponsor will give away one prize for each Monthly Promotion. Each Monthly Promotion is separate, and if you enter during a given Monthly Promotion Period, your entry will NOT automatically be moved to the next Monthly Promotion, even if you do not win. In other words, each entry is only eligible for the Monthly Promotion corresponding to the Monthly Promotion Period in which the entry was received. See additional information in Section 4 regarding entry requirements and timing. Sponsor’s computer is the official time-keeping device for the Promotion.
There is no guarantee that the Promotion will continue for additional Monthly Promotions.
b. Drawing(s). Sponsor will randomly select a potential prize winner on the 1st business day of the calendar month following the applicable Monthly Promotion Period, drawn from all eligible entries. There will be one prize winner for each Monthly Promotion. 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 (or the age of majority in their state; Alabama and Nebraska residents must be nineteen (19) or older and residents of Mississippi must be twenty-one (21) or older) 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, and is void where prohibited by law. Sponsor reserves the right to disqualify any participant that Sponsor determines, in its sole discretion, to be ineligible to participate in this Promotion. The potential winner could be required to provide proof of U.S. residency and of eligibility, upon request by Sponsor.
4. How to Enter.
You may enter a Monthly Promotion in one of the following two ways: (a) by completing Sponsor’s online customer satisfaction survey, OR (b) by entering via the alternative means of entry described below without completing the survey. There is a limit of one (1) entry per person for each Monthly Promotion regardless of method of entry. All entries, regardless of method, carry an equal chance of winning.
(a) Online Customer Satisfaction Survey Entry Method: To enter, follow the instructions in the email we sent you about the survey or use the code on your receipt and follow the directions to complete the survey located at www.lesschwablistens.com, during a Monthly Promotion Period. Follow the survey directions, and, when prompted, provide the required information (such as, but not limited to, your name and email address). Once you complete the survey and provide the required information, you must select the button to indicate you would like to be entered for the chance to win the prize for that Monthly Promotion. You will then receive one (1) entry into the Monthly Promotion that corresponds to the Monthly Promotion Period in which Sponsor receives your entry.
(b) Alternative Means of Entry without Survey Response: While we encourage and appreciate submission of survey responses, you do not have to submit a survey response to enter a Monthly 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 P.O. Box address in Section 1 above (addressed to Attn: Les Schwab Promotion Entry Form), and you may then enter the applicable Monthly Promotion by mailing the completed entry form to Sponsor at the P.O. Box address in Section 1 (addressed to Attn: Les Schwab Promotion Entry). If you provided all required information (including, but not limited to, your name, address, and email address), you will then receive one (1) entry into the Monthly Promotion that corresponds to the Monthly Promotion Period in which Sponsor received your entry.
Information for All Entries (Survey Entries and Non-Survey Entries):
LIMIT: One entry per person during each Monthly Promotion Period. Each entry is eligible to win only the Monthly Promotion corresponding to the Monthly Promotion Period in which Sponsor received the entry. If you do not win a given Monthly Promotion, your entry will NOT be carried forward into future Monthly Promotions (if any), but you may follow one of the methods above to enter a future Monthly Promotion.
Entries received from any person in excess of the stated limitation will be void. Any attempt by a participant to enter a Monthly 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 applicable Monthly Promotion Period will be eligible for the prize for that Monthly Promotion. 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 and will not be acknowledged or returned.
5. Winner Selection and Notification.
a. Winner Selection. One entry will be selected via a random drawing no later than the 1st business day of the calendar month following the applicable Monthly Promotion Period. There will only be one (1) prize winner and one (1) prize per Monthly Promotion.
b. Winner Notification and Response Requirements. The potential winner will be notified by email within three (3) business days after the potential winner is selected. 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 (and provide requested information (which could include proof of age and proof of residency) . If the potential winner does not respond within five calendar days of prize notification, if the prize notification is returned as undeliverable, if the potential winner is found to be ineligible, or if the potential winner cannot or does not otherwise comply with these Official Rules, the prize will be forfeited without notice to the potential winner. In such event, the prize might, in Sponsor’s discretion, be given to an alternate winner, selected via random drawing from all eligible entries received during 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 might, in Sponsor’s discretion, be announced on Sponsor’s website (www.lesschwab.com), other websites, various social media platforms, at Sponsor’s tire centers, and/or in other marketing materials, though this is not how the potential winner will be notified of the prize. See additional information in the Publicity Release section regarding Sponsor’s use of the winner’s information for publicity purposes.
6. Odds of Winning.
The odds of winning a prize for a given Monthly Promotion depend on the number of eligible entries received during the applicable Monthly Promotion Period.
7. Prize and Prize Value.
For each Monthly Promotion, the prize is one (1) Visa gift card worth USD 250 (two hundred fifty U.S. dollars). There will be only one prize winner and one prize for each Monthly Promotion. The winner is responsible for using the gift card prior to the expiration date printed on the card. The winner is responsible for the cost of travel required to use the prize. By participating, the winner waives the right to claim as a cost of winning the prize, the cost of travel required to use the prize.
Additional Prize Conditions: The winner is solely responsible for reporting and paying all applicable federal, state, and local taxes associated with acceptance and use of the prize. If any winner receives prizes from multiple Monthly Promotions valued at a total of $600 or more in a single calendar year, such winner will be required to complete and file a required U.S. Internal Revenue Service Form 1099 MISC. All expenses and items not specifically mentioned in these Official Rules are not included and are the winner’s sole responsibility. The winner may not exchange the prize for cash or otherwise, and the prize is non-refundable. The winner may not transfer, substitute, or assign the prize. 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. 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, including, but not limited to, with respect to travel required to use the prize and/or with respect to products or services purchased with the prize. Additional restrictions, conditions, disclaimers, and limitations regarding the prize may apply and will accompany the prize.
Prize Delivery: Once Sponsor has determined that the potential winner meets all eligibility and other requirements in these Official Rules, Sponsor will mail the gift card to the winner at the address the winner provides to Sponsor. The prize will be deemed delivered to the winner once the prize is delivered by Sponsor to the common carrier of Sponsor’s choosing. Sponsor will not be responsible or liable for a lost, stolen, or damaged prize once delivered to the common carrier addressed to the address provided by the winner, or for any loss or damages relating to delivery, use, or misuse of 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 constitutes and signifies 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) have 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). 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 will not be obligated to use the winner’s Name and Likeness, and Sponsor will not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
9. Privacy; Participant Personal Information.
All participants acknowledge that if they are the winner, certain of their personal information might be disclosed to third parties, such as on a winner’s list and in accordance with the Publicity Release section above. Except as otherwise set forth in these Official Rules, personal information of all participants will be used to administer the Promotion and is subject to Sponsor’s Privacy Policy located at https://www.lesschwab.com/privacy-policy. Please review this Privacy Policy prior to entering a Monthly Promotion. When you enter a Monthly Promotion, you might be asked to consent to receive future emails about Sponsor’s products, services, offers, and events. Consenting to receive such emails is optional, does not have to be agreed to in order to enter a Monthly Promotion, and does not improve your chances of winning.
10. Release.
By participating in this Promotion, you (meaning each participant) (i) agree to release, and hereby release, Sponsor and affiliates, suppliers, and advertising/promotion agencies, 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 without limitation reasonable attorneys’ fees) of any kind arising out of or relating to this Promotion; 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 personal injury, damages, death, monetary loss, 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 without limitation reasonable attorneys’ fees) of any kind arising out of or relating to this Promotion; 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 personal injury, damages, death, monetary loss, 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 or liable for and have no obligation to notify participants of: (i) any incorrect or inaccurate information, whether caused by participants, typographical errors, or by any of the equipment or programming associated with or utilized in this 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 this Promotion to be disrupted or corrupted; (iv) unauthorized human intervention in any part of the entry process or the operation of this Promotion; (v) technical or human error in the administration of this 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 that might be caused, directly or indirectly, in whole or in part, from a participant’s participation in this 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 applicable Monthly Promotion, if it is possible at that time.
12. Disputes; No Class Actions; Additional Limitations of Liability.
Except where prohibited by applicable law, participants agrees that: (i) these Official Rules, and the rights and obligations of the participants and Sponsor in connection with this Promotion, will 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 will be resolved 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 Deschutes County, Oregon for any and all claims and causes of action relating to this Promotion or the prize, and participants waive all objections to jurisdiction and venue in those courts in Deschutes County, Oregon; (iii) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or the prize will be resolved individually, without resort to any form of class action; (iv) 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 within one year after such claim or cause of action arose, or forever be barred; (v) any and all claims, causes of action, judgments, and awards will be limited to the greater of (a) actual out-of-pocket costs incurred by the applicable participant relating to this Promotion, including costs associated with entering this Promotion and claiming the prize (if any); or (b) USD 50.00 (fifty U.S. dollars), but in no event will any participant be awarded attorneys’ fees; and (vi) 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 OR THE EXCLUSION OF IMPLIED WARRANTIES SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12, IN SECTIONS 10 AND 11, AND ELSEWHERE IN THESE OFFICIAL RULES 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 this 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 will continue in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of such term on another occasion or any other term. Sponsor reserves the right to cancel, suspend, and/or modify this Promotion, or any part of it, without liability, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of this Promotion, or if this Promotion is not capable of being executed as planned for any other reason, as determined by Sponsor in its sole discretion. If this Promotion is terminated before the end of the applicable Monthly 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 this 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 this Promotion, to damage any website, or to otherwise deliberately undermine the legitimate operation of this 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 this 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 criminal prosecution of any such conduct.
14. Winner’s Names; Copy of Official Rules.
To request a copy of these Official Rules and/or the winner’s name, send a self-addressed, stamped envelope to Les Schwab Tire Centers, Attn: Promotion Winner’s Name, indicating the requested Monthly Promotion Period(s), P.O. Box 5350, Bend, OR 97708; or send an email to emailsupport@lesschwab.com.
Consumer Disclosure: You have not yet won. No purchase or payment or survey response necessary to enter or win. Must be 18+ (or age of majority) and U.S. resident. Entry period: 12:01 a.m. PT on the 1st day of each calendar month to 11:59 p.m. PT on the last day of the same calendar month. To enter, complete the survey located at lesschwablistens.com and submit the online entry form, or see alternative means of entry in Official Rules that does not require survey. One winner, randomly selected. Prize: $250 Visa gift card. One entry per person per monthly promotion. Other restrictions apply. Void where prohibited. Sponsor: Les Schwab Warehouse Center, LLC, P.O. Box 5350, Bend, OR 97708, and its affiliates.