“The Battery Tester Monthly Promotion” Official Rules
OPEN TO ALL INTERSTATE BATTERIES DEALERS & EMPLOYEES WHO MEET PROMOTION CRITERIA SHOWN UNDER “ELIGIBILITY” BELOW
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Interstate Batteries “The Battery Tester Monthly Promotion” (“Promotion”) is sponsored by Interstate Batteries, Inc. (“Sponsor”), 12770 Merit Drive, Suite 400, Dallas, TX 75251.
1. PROMOTION PERIOD. The Promotion runs from 2:00am Central Standard Time on the first calendar date of 2018 to 11:59 p.m. Central Standard Time on the last calendar date of 2019 (“Promotion Period”). As further described in Sections 3 and 4 below, the Promotion Period will consist of monthly intervals in which winners will be selected monthly from the participants who submitted entries during such month. The Sponsor’s computer is the official Promotion Period clock.
2. ELIGIBILITY. Promotion is open to all Interstate Batteries Dealers and Dealer employees who are in good standing with both the Sponsor and the Interstate Batteries distributor who delivers Interstate Batteries products to such Dealer. Employees of Sponsor, their respective parent companies, affiliates, subsidiaries, and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each (“Sponsor & Others”) are not eligible to enter or in. All federal, state and local laws and regulations apply. Void where prohibited by law.
3. HOW TO ENTER. Eligible participants must submit a claim code from an ED-18® or IB PulseTM battery analyzer receipt (a “Claim Code”) to the online form available from www.ed18.com (the “Website”). Claim Codes must be submitted each month of the Promotion Period (each, an “Entry Period”) to be eligible to win a prize during such month. A participant who submits a Claim Code during an Entry Period will receive one entry to a random drawing for such Entry Period for a monthly prize selected by the Sponsor (each, a “Prize”). For purposes of these Promotion, “receipt” of an entry occurs when Sponsor’s servers record the entry information resulting from the entrant posting the applicable Claim Code on the Website. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified. All entries become the property of Sponsor and will not be returned. Entrants are responsible for the quality of their entry data. All winners must meet the eligibility requirements set forth in these Official Rules in order to qualify for the Prize. Sponsor is not responsible for lost, late, misdirected, incomplete or illegible entries. Sponsor is not responsible for any failure of the Website during an Entry Period, including any telephone problems or technical malfunction of any computer online systems, servers, access providers, computer equipment, software, or any failure of any application or failure of an entry to be received on account of traffic congestion on the internet or Website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material related to the Promotion, all of which may affect a person’s ability to participate in the Promotion. By entering, each participant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ODDS OF WINNING. The odds of winning are dependent upon the number of entries.
5. PRIZES AND SELECTION OF WINNERS. The Sponsor will conduct a random drawing within approximately three (3) business days after the end of each Entry Period (each, a “Random Drawing”). One hundred (100) winning entries (each a “winner”) will be randomly selected by Sponsor during each Random Drawing from among all eligible entries received. A winner will be limited to a maximum of one Prize per each Entry Period. The approximate retail value for the Prize is between approximately $15.00 and $40.00 (the “Approximate Retail Value”). The Approximate Retail Value for each Prize will vary based on the applicable Prize. Entrants understand and agree that the description of the Prize in any advertising or promotional materials or physical display may not reflect the actual Prize delivered to the prize winner. Prizes are non-transferable, with no cash redemption or equivalent. All federal, state and local income taxes, insurance, licensing, registration and title fees connected to the Prize are the sole responsibility of the winners. All federal, state and local laws and regulations apply. Sponsor shall only be responsible for awarding the number of prizes as stated in these Official Rules. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of Prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any Prizes awarded. Winners are solely responsible for all costs and fees associated with the Prize, including but not limited to, federal, state and local sales, use or other taxes, and/or winning of the Prize.
6. CLAIMING PRIZES. If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept their Prize, or Sponsor is unable to contact a potential winner within ten (10) days of the date that the Promotion period ends, the Prize will be forfeited and, in the Sponsor’s sole discretion, the Prize may or may not be awarded to an alternate winner. The potential winner may be required to furnish proof of identification. Before being declared a winner, the potential winner will be required to complete, sign and return an affidavit of eligibility and liability and publicity release, where permitted by law, and any other applicable forms required by a taxing authority within ten (10) days from the date prize notification is postmarked as having been sent by the Sponsor or its representative, or the Prize may (in Sponsor’s sole discretion) be forfeited and, in Sponsor’s sole discretion, awarded to an alternate winner selected at random from the pool of eligible entrants. Sponsors & Others shall not be responsible for delays in delivery of the Prize, and delivery of the Prize is subject to availability. The winner shall bear all risk of loss or damage to the Prize after it has been delivered to the specified delivery site as set forth above. In the event of any potential winner’s non- compliance with these Official Rules, award will be automatically forfeited. No prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute award of equal or greater value in case of unavailability of award or force majeure.
8. LIMITATION OF LIABILITY: Sponsors & Others are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsors & Others are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Sponsors & Others are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in this Promotion and/or accepting the Prizes. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Promotion, the entrant’s sole remedy is to request another entry in the appropriate drawing. If, for any reason, the Promotion is not capable of running as planned, Sponsors reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners, in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. ALL WINNERS ACKNOWLEDGE THAT AWARDS ARE AWARDED AS-IS. SPONSORS & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT AS REGARDS TO THE AWARDS OR ANY COMPONENTS OF THE AWARDS. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
Sponsors & Others shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsors which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sponsor & Others in connection with the Promotion; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Sponsors & Others and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Promotion materials, (d) acceptance, receipt, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of an award (or any component thereof), (e) any change in the award (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsors’ control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow- down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sponsors & Others’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sponsors & Others or by an entrant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sponsors & Others, or any of their agents or employees, (o) lost, stolen, damaged, delayed, or misdirected baggage, (q) lost, late, stolen, misdirected, damaged or destroyed awards (or any element thereof),(r) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or its designees or (s) the negligence or willful misconduct by entrant.
9. DISPUTES. THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN DALLAS COUNTY, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN DALLAS COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
10. PUBLICITY RIGHTS. By entering into the Promotion and/or accepting a Prize, entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL. By entering this Promotion, participants agree to abide by and accept these Official Rules throughout the Promotion Period and the decisions of Sponsor, which shall be final and binding in all matters relating to this Promotion. Entrants waive any right to claim ambiguity in these Official Rules. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that due to technical, typographical, mechanical or other errors, there are more potential winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. All federal, state and local laws and regulations apply. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, this Promotion and proceed in a manner it deems fair and reasonable, including the selection of winners from among all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Void in all jurisdictions except those specifically included herein, and wherever restricted or prohibited by law. Federal, state and local taxes, if any, are the sole responsibility of winner.
12. WINNER’S LIST. Any person wishing to receive a list of winners should print his/her name and address on a 3"x 5" card and mail it in an envelope with appropriate postage to: Winners List, Interstate Batteries “The Battery Tester Monthly Promotion”, Attn: Cliff Sewing, 12770 Merit Drive, Suite 400, Dallas, TX 75251. Vermont residents may omit return postage for Winner’s List requests.
13. SPONSOR. Interstate Batteries, Inc., 12770 Merit Drive, Suite 400, Dallas, TX 75251.