Identifix Referral Contest and Sweepstakes
No Purchase Necessary
THIS PROMOTION 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 or Canada, and who are the legal age of majority or older in the state, province or territory in which they reside at the time of entry. Promotion entrants must also be registered online Identifix Subscribers before 12:00 a.m. Central Time (“CT”) on October 15, 2014. 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. CT on October 15, 2014 and will end at 11:59 p.m. CT on December 15, 2014 (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 two 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®; or (2) Visit www.carquestdirecthit.com and log on to CARQUEST Direct-Hit®. 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. You will receive one (1) entry into the contest portion of the Promotion for each referral that you make. If you make five (5) or more referrals, you will also earn one entry into the Sweepstakes Random Drawing. You may submit as many referrals as you wish and you may return to the Website at any time during the Promotion Period to submit more referrals. 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, residence and subscriber status) 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.
- Contest Winner Determination/Sweepstakes Random Drawing and Prize Claiming: The referring subscriber with the most entries as of January 5, 2015 will be deemed the Contest 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 January 5, 2015, a random drawing will be conducted by the Sponsor from among all eligible entries received in accordance with these Official Rules to select the Sweepstakes Random Drawing Prize winner. Sponsor will have complete discretion over interpretation of the English version of these 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 four (4) days after mailing.
Each potential winner that is a U.S. resident will be required to complete and return 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. To be declared a winner, residents of Canada must correctly answer an arithmetical skill-testing question and complete and return a Declaration and Release Form (collectively, the “Release”) within the time period specified at notification before being eligible to receive his or her prize. If the potential prize winner fails or refuses to complete and return such Affidavit/Release 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/determined. 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/determined. 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.
- Odds: Odds of winning the Sweepstakes 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 USA. Trip includes round-trip coach class air transportation from major airport nearest winner’s residence, 2 nights hotel accommodations (based on availability and one room/double occupancy), ground transportation to/from airport/hotel, USD$500 spending money for the winner (awarded as a check) and dinner for winner and guest for one night with select members of the Identifix crew, in Sponsor’s sole discretion (ARV: USD$3,150). Sweepstakes Random Drawing Prize (1): A year’s (12 months) subscription to Direct-Hit (ARV: USD$2,028). Sponsor will make commercially reasonable efforts to post details about the prizes on the Website. The Sweepstakes Random Drawing Prize winner will receive a twelve (12) month subscription to Direct-Hit which will supersede all free-month subscriptions earned in the referral process. [For example, if the Sweepstakes Random Drawing Prize winner made seven (7) referrals, he/she will receive a twelve (12) month subscription and not twelve (12) months plus seven (7) months.].
Airline tickets are for travel from a major airport in the 50 United States and D.C. or Canada nearest winner’s home to Las Vegas, NV USA. 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 the Contest Grand Prize Winner lives within a 200 mile radius of Las Vegas, NV, winner will receive a USD$200 travel stipend in lieu of air transportation and no additional compensation will be provided. Travel companion of Grand Prize winner (who must be the age of majority in his/her jurisdiction of residence) must complete, sign and return a Liability Release and, except where prohibited, a Publicity Release prior to issuance of travel documents. Winner and his/her traveling companion must travel together on the same itinerary and must possess valid travel documents (i.e., valid photo ID/passport/VISA) in order to travel. All travel must be taken on dates specified by Sponsor or prize will be forfeited. Certain restrictions and blackout dates 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. Dinner with the Identifix crew is subject to availability and at discretion of Sponsor and in the event that portion of prize is cancelled for reasons out of Sponsor’s control, that portion of 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. 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. Prize winners will be solely responsible for all federal, state, municipal, provincial 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. U.S. winners 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 U.S. winners, 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, municipal, provincial 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 Sweepstakes Random Drawing Prize in a random drawing from among all eligible entries received prior to cancellation and the Contest Grand Prize to the member with the most eligible entries received 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. For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
- 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, USA 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/province’s/territory’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 English version of 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, USA 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, USA 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. For the names of the winners, visit the Website after January 26, 2015 and for at least 30 days thereafter.
- Sponsor. This Promotion is sponsored and administered by Identifix, Inc., 2714 Patton Rd., Roseville MN, USA 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.
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//