Identifix Referral Contest and Sweepstakes
No Purchase Necessary
THIS SWEEPSTAKES IS OFFERED IN DIFFERENT CREATIVE PRESENTATIONS. BY ENTERING OR OTHERWISE PARTICIPATING IN THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNIFICATION OF THE PROMOTION ENTITIES (AS DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility: Identifix Referral Contest and Sweepstakes (the "Promotion") is open only to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia, and who are at least eighteen (18) years of age or older at the time of entry. Promotion entrants must be a registered online Identifix Subscriber before 12:00 a.m. Central Time (“CT”) July 16, 2012. Employees, directors and officers of Identifix, Inc. (“Sponsor”), its affiliates, subsidiaries and advertising and promotion agencies (collectively, with Sponsor, the “Promotion Entities”) and each of their immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter or win. For purposes of this Promotion, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Void where prohibited by law.
- How to Enter: The entry period for the Promotion will commence at 12:00 a.m. Central Time ("CT") on July 16, 2012 and will end at 11:59 a.m. CT on November 15, 2012 (the"Promotion Period"). The Promotion will end and no longer be offered at such time as the Sponsor posts notice on www.referral.identifix.com (the “Website”) indicating that the Promotion will no longer be operated. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these "Official Rules" and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. There are three entry websites for this Promotion based on the product to which you subscribe, as follows: (1) Visit identifix.com and log on to Direct-Hit™; (2) Visit www.carquestdirecthit.com and log on to CARQUEST Direct-Hit™; (3) Visit www.worldpacassist.com and log on to WORLDPAC Assist. Once you are logged in, click the “Referral” tab in the upper right-hand corner and complete the fields for the shops that you would like to refer, as indicated. Each shop that subsequently becomes a subscriber of an Identifix service and remains a subscriber for at least 3 billing cycles (a minimum of 60 days) constitutes a successful referral. For each successful referral, you will receive one free month of the Identifix online service which you susbribe to and you will earn one entry into the Sweepstakes Random Drawing and the Contest. You may submit as many referrals as you wish and you may return to Website at any time during the Promotion Period to submit more referrals. The shops that you refer have until 11:59 p.m. CT on December 1, 2012 to complete the process to become a subscriber and then must remain a subscriber for at least 3 billing cycles (a minimum of 60 days) in order for you to receive an entry. The referring subscriber with the most entries as of January 30, 2013 will become the Grand Prize winner, subject to verification. All entries will also be entered into an iPad Random Drawing. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are incomplete, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries originating at any other website are not permitted and may be disqualified. All materials submitted become the property of Sponsor. The Website’s database clock will be the official timekeeper for this Promotion. Incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
- Winner Determination/Random Drawing and Prize Claiming: The referring subscriber with the most entries after January 30, 2013 will be deemed the Grand Prize winner, subject to verification. In the case of a tie, the Grand Prize winner will be determined by a random drawing from among all tied referring subscribers. On or about January 31, 2013, a random drawing will be conducted from among all eligible entries received in accordance with these Official Rules to select the Random Drawing Prize winner. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection/determination of the winners. Decisions of the Sponsor as to the selection/determination of the winners will be final. The potential winners will be notified using the information on their account by any of the following means: e-mail and/or telephone and/or mail (as selected by Sponsor) in a commercially reasonable time after the winner determination and drawing. The Promotion Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing.
Each potential winner will be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement / publicity release (where legal) (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If a potential winner is a minor in his/her state of residence, such potential winner’s parent or legal guardian must complete the Affidavit on his/her behalf. If the potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified with no compensation and an alternate potential winner may be selected. The Promotion Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or legal guardian consent.
- Odds: Odds of winning the Random Drawing Prize will depend upon the total number of eligible entries received.
- Prizes and Approximate Retail Values (“ARV”): Contest Grand Prize (1): A 3-day/2-night trip for two (2) to Las Vegas, NV. Trip includes round-trip coach class air transportation from major airport nearest winner’s residence, hotel accommodations (based on availability and double occupancy), dinner for one night with Sponsor representatives and two (2) tickets to the 2013 Kobalt Tools 400 at the Las Vegas Motor Speedway on Sunday, March 10, 2013 (ARV: $1,270). Random Drawing Prize (1): A Sponsor-selected model of the Apple iPad (ARV: $660). Sponsor will make commercially reasonable efforts to post details about the prizes on the Website. The ARV of the Random Drawing prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of an electronics prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
Airline tickets are for travel from a major airport in the 50 United States and D.C. nearest winner's home to Las Vegas. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. If Grand Prize winner is deemed a minor in his/her state of residence, the Grand Prize winner’s travel companion must be his/her parent or legal guardian. Travel companion of Grand Prize winner (or his/her parent/legal guardian if travel companion is a minor in his/her state of residence) must complete, sign and return a Liability Release and, except where prohibited, a Publicity Release prior to issuance of travel documents. Bonus Prize winner and his/her traveling companion must travel together on the same itinerary and must possess valid travel documents (i.e., valid photo ID) in order to travel. All travel must be taken from March 9, 2013 through March 11, 2013 or on dates specified by Sponsor. Certain restrictions may apply. Seat selection and timing of trip subject to availability and confirmation of reservations and must be booked 21 days in advance. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, food, beverages, taxes, tips, and entertainment, transfers, and transportation to/from airport/home residence are the winner's sole responsibility. Sponsor is not responsible for and assumes no liability for cancellation or unavailability of specific flights or hotels. In the event the 2013 Kobalt Tools 400 is cancelled or postponed for any reason out of Sponsor’s control, that portion of the prize will not be awarded and no additional compensation will be provided.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability and prize provider’s rules and restrictions are subject to change, and in the event that Sponsor is unable to provide the winners with their prize, the Sponsor may elect to provide the winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value (with the exception of the tickets to the Kobalt Tools 400). Sponsor is not responsible for and winners will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. If Sponsor determines at any time, in its sole discretion, that a winner or potential winner is disqualified, ineligible or, in violation of these Official Rules, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. Random Drawing prize is awarded "AS IS" and without warranty of any kind (except as included with the prize), express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive. The ARV of the prize packages are based on available information provided to Sponsor and the value of any prize awarded to a winner will be reported for tax purposes as required by law. The winner will be required to provide Sponsor with a valid social security number or tax identification number before the prize package will be awarded for tax reporting and background check purposes. An IRS Form 1099 will be issued in the name of winners, or if a minor in the state in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. All prizes will be awarded.
- Publicity Release: Subject to applicable law, the entrants irrevocably grant the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their names, voices, likenesses, entry material and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, 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.
- Tampering with Promotion: The Promotion Entities are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future promotions. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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. Sponsor reserves the right, at 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.
- Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its 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 Promotion 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 control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Promotion. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Promotion; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner. In the event of cancellation, Sponsor will award the Random Drawing prize in a random drawing from among all eligible entries received prior to cancellation and the Grand Prize to the member with the most eligible entries prior to cancellation.
- Waivers, Disclaimers and Releases. By participating in the Promotion, each entrant 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 entrant’s participation in the Promotion 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 the Promotion; 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 Promotion prize). Without limiting the generality of the foregoing, entrants agree that Promotion Entities: (A) maintain no control over the personnel, equipment, or operation of any transportation company, manufacturer or other person or entity furnishing services, products ("Suppliers") as a part of the prizes provided in connection with the Promotion; and (B) 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: (1) 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, (2) 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, (3) 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, and (4) 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 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 the Promotion; 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 the Promotion 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. Sponsor is not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. 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.
- Entry Information and Promotion Communications. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winners list. In the event of a dispute over the identity of an 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 otherwise eligible. Winners 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, online 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.
- 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 or the Promotion Entities in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Minnesota, 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.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- 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 these Official Rules of the Promotion 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 St. Paul, MN under 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 St. Paul, MN, 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 convenient. 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 the Promotion, or any prize awarded, will be resolved individually, without resort to any form of class action.
- Name of Promotion Winners. To receive the names of the winners, send a stamped self addressed envelope to: Identifix Referral Contest and Sweepstakes Winners List, 2714 Patton Rd., St. Paul, MN 55113 (Attn: Director of Marketing).
- Sponsor. This Promotion is sponsored and administered by Identifix, Inc., 2714 Patton Rd., St. Paul, MN 55113. 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 Promotion. Apple is not a participant in or sponsor of this Promotion.
For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Identifix Referral Contest and Sweepstakes Official Rules, 2714 Patton Rd., St. Paul, MN 55113 (Attn: Director of Marketing) prior to the end of the Promotion Period.
//End of Official Rules//