WIYGUL AUTOMOTIVE CLINIC CARS & COSTUMES CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The CARS & COSTUMES CONTEST ( the "Contest") begins on October 24, 2019 at 10:00AM EST and ends on by midnight EST on Oct 31, 2019 (the "Promotion Period"). The Sponsor’s clock is the official time for the Contest.
The sponsor of this Contest is WIYGUL AUTOMOTIVE CLINIC, a Virginia Corporation ("Sponsor"). By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor or Administrator, which shall be final and binding in all respects.
2. ELIGIBILITY: Open to natural persons who are citizens or legal residents of the United States, who reside in the State of Virginia, Maryland, or District of Columbia within a fifteen (15) mile radius of one of Sponsor’s locations listed at https://wiygul.com/stores/, and who are 18 years of age or older (the "Entrant") at the time of entry. Sponsor, Conceptual Minds, Inc. (“Administrator”), and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors, and employees (the "Promotion Entities"), are ineligible to enter the Contest or win a prize. Household Members and Immediate Family Members of Promotion Entities are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
By participating in this Contest, Entrant: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledges compliance with these Official Rules; (c) represents and warrants that they meet all the eligibility criteria set forth in these Official Rules; (d) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; (e ) acknowledges that Contest is in no way sponsored, endorsed, administered by, or associated with Twitter, Inc., Facebook, Inc., Instagram, Inc., and (f) agrees to indemnify and hold harmless the Released Parties and Twitter, Inc., Facebook, Inc., Instagram, Inc., from and against any and all liability arising out of or relating in any way to Entrant’s participation in Contest and to release all rights to bring any claim, action or proceeding against the Released Parties and Twitter, Inc., Facebook, Inc., or Instagram, Inc.. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation in Contest or the receipt or acceptance, redemption, possession, use or misuse of the Prize (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. PRIZES: There is a total of one (1) prize (“Prize”) available in this Contest.
Prize: $250 gift card to a popular retailer. ARV: $24.99
Prize cannot be transferred, redeemed for cash or substituted except as determined in the sole discretion of the Sponsor or Administrator. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply.
If a potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Sponsor will have no further obligation to the potential Winner. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.
All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the Prize Winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
4. HOW TO ENTER:
A. Online Entry: During the Promotion Period, visit https://1.shortstack.com/zRFV0x and enter online by completing the required fields, including agreeing to these Official Rules and submitting your entry. All entries must be received during the Promotion Period, and Entrant must provide all required contact information and meet eligibility requirements to be eligible. Enter using only an email address subscribed to and registered in your name. In the event of a dispute about entries submitted by multiple individuals using the same email, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Contest at the actual time of entry. The authorized email account subscriber is deemed to be the natural person who is assigned an email address by an internet service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Multiple entries per person/email address account in excess of the stated entry limits or any use of script, macro, automatic, programmed, or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all entries by that Entrant. Proof that you submitted an entry is not proof of its receipt by Sponsor. Once submitted, entry cannot be modified, deleted, or cancelled. Entries become the property of Sponsor and will not be returned. This Contest does not require the entrant to make any purchase transaction. Entrant may enter Contest a maximum of one (1) time during the Promotion Period using this method of entry. Message and data rates may apply if Entrant enters the Contest using a mobile device.
5. WINNER SELECTION: Administrator is an independent organization whose decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. The Prize Winner will be selected in a random drawing from among all eligible Entries received during the Promotion Period. The random drawing will be conducted on or about 12:00PM EST on November 1, 2019 by Administrator, whose decisions are final and binding. Odds of winning will vary depending on the number of eligible Entries received during the Promotion Period.
6. WINNER NOTIFICATION: Winner will be notified by email at the email address provided in the entry within twenty-four (24) hours after the random drawing. The name of the potential Prize Winner will also be announced on Sponsor’s Facebook Page located at https://www.facebook.com/wiygulautorepair/. Potential Prize Winner must reply to the notification email as directed by Sponsor within 3 business days of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including, but not limited to inactive email account(s), Entrant error in providing email address, technical difficulties associated therewith, or failure to adequately monitor any email account.
Any winner notification not responded to in the required time period or returned to Sponsor as undeliverable will result in forfeiture.
Potential Prize Winner will be required to sign and return an Affidavit of Eligibility and Liability Release, and where legal, a Publicity Release (“Prize Claim Documents”) within the time period stated in the notification. If a potential winner fails to return the required documents within the stated time period, or if prize notification is returned as undeliverable, prize will be forfeited and may be awarded to an alternate winner. Prize Winner’s Guest will be required to sign and return a Liability Release, and where legal, a Publicity Release to participate. Failure to provide any Prize Claim Documents or any Guest-related releases will result in forfeiture of the prize. If applicable, Sponsor reserves the right to conduct background checks on a potential winner and the potential guest, if any, as a condition to receipt of the Prize. Potential winner may first be required to submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the Prize. Sponsor reserves the right, in its sole discretion, to disqualify any potential winner and/or (if applicable) potential winner’s guest based on such background check if Sponsor determines, in its sole discretion, that awarding the Prize to such winner might reflect negatively on Sponsor.
8. PUBLICITY RELEASE. Subject to applicable law, the Prize Winner irrevocably grants the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to the winner. Entrants agree not to issue any publicity concerning the Promotion Entities.
9. TAMPERING WITH CONTEST. The Promotion Entities are not responsible for the actions of Entrants in connection with any Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a Contest. Persons found tampering with or abusing any aspect of a Contest, or whom Sponsor or Administrator believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat a Contest, as determined at the sole and absolute discretion of Administrator, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future contest. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Administrator reserves the right, in its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Sponsor or Administrator further reserves the right to terminate or declare any Contest null and void and rescind any Prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest.
10. SUSPENSION / MODIFICATION / TERMINATION. In the event Sponsor is prevented from continuing with the Contest by any event beyond its or the Administrator’s control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or Administrator’s control (each a “Force Majeure” event or occurrence) Sponsor or Administrator shall have the right to modify, suspend or terminate any Contest or Prize. Sponsor or Administrator additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate any Contest should causes beyond Sponsor’s or Administrator’s control corrupt or interfere with the administration, integrity, operation, security or proper play of that Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of a Contest; (ii) acting in violation of the Official Rules; or (iii) acting in an un-sportsmanlike manner.
11. WAIVERS, DISCLAIMERS AND RELEASES. By participating in a Contest, Entrants agree to release, discharge and hold harmless the Promotion Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in a Contest and/or related to any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in a Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Prize). Without limiting the generality of the foregoing, Entrants agree that Promotion Entities: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Contest and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with any Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Promotion Entities, or (iv) by any cause, condition or event whatsoever beyond the control of the Promotion Entities. Entrants agree that the Promotion Entities shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sponsor; interruption or inability to access the Website, or Sponsor , Administrator, or affiliated entities’ respective websites, or any online service via the internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Promotion Entities. Each Entrant further agrees to indemnify and hold harmless Promotion Entities from and against any and all liability resulting or arising from any Contest and to release all rights to bring any claim, action or proceeding against Promotion Entities and hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Neither Sponsor nor Administrator is not responsible for the actions of Entrants in connection with any Contest, including any Entrant’s attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of Virginia and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
12. ENTRY INFORMATION AND CONTEST COMMUNICATIONS. As a condition of entering the Contest, each Entrant gives consent for Sponsor or Administrator to obtain and deliver his/her name, address and other information to third parties for the purpose of administering each Contest and to comply with applicable laws, regulations and rules. Any information Entrants provide to Sponsor or Administrator may be used to communicate with Entrant in relation to any Contest or on a winner’s list. In the event of a dispute over the identity of an online entrant, entry may be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. The Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
13. GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor, Administrator, or the Promotion Entities in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
Neither Sponsor nor Administrator assume any responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest.
If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor or Administrator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Administrator shall immediately suspend all drawings and prize awards, and reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor, Administrator, and Released Parties shall not have any further liability to any participant in connection with the Contest.
14. DISPUTE RESOLUTION AND NO CLASS RELIEF. Except with respect to the protection and enforcement of the intellectual property rights of the Promotion Entities and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Official Rules or any Contest shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Virginia, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Virginia, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Contest, or any Prize awarded, will be resolved individually, without resort to any form of class action.
15. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Wiygul Automotive Clinic, ATTN: Cars & Costumes Contest, 6001 Lane Drive, Alexandria, VA 22304. Requests for the names of the winner must be received no later than 90 days after the Promotion Period has ended. For accessing a Winner List online, visit wiygul.com/cars-and-costumes-2019-winner. The winner’s name will be posted after winner confirmation is complete.
CONSUMER DISCLOSURE: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. You have not yet won. Prize ARV: $24.99. Estimated odds of winning are based upon the number of eligible entries received for each drawing. See Official Rules above for entry methods (including how to enter without a purchase), complete prize details, and restrictions.
17. SPONSOR: Wiygul Automotive Clinic, 6001 Lane Drive, Alexandria, VA 22304. Reference to third parties in connection with Prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
18. ADMINISTRATOR: Conceptual Minds, Inc., 2221 S. Clark St., Arlington, VA 22202 firstname.lastname@example.org