FEDERAL-MOGUL – MOOG I JUST WANT MY MOOG – Win Period each consisting of one (1) MOOG baseball cap autographed by Mike Rowe each with an approximate retail value (“ARV”) of five hundred dollars ($500.00 USD).
MOOG® I JUST WANT MY MOOG SWEEPSTAKES (“Sweepstakes”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING.
INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO AND U.S. TERRITORIES, AND CANADA. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN One of THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO AND U.S. TERRITORIES, OR CANADA AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF CANADA THE Fifty (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, PUERTO RICO AND U.S. TERRITORIES, WHO (AT THE TIME OF ENTRY) ARE EIGHTEEN (18) YEARS OF AGE or over, or the legal age of majority in their state, province or territory of residence, whichever is greater, And WHO ENTER FROM WITHIN CANADA, THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, OR PUERTO RICO AND U.S. TERRITORIES. AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED.
1. SWEEPSTAKES PERIOD: The I Just Want My MOOG Sweepstakes begins on Monday, March 12, 2018 at 12:00:01 a.m. Eastern Time (“ET”) and ends on Thursday May 31, 2018 at 11:59:59 p.m. ET (the “Sweepstakes Period”). The website, ijustwantmymoog.com, (“Website”) server is the official clock for this Sweepstakes.
2. SPONSOR/ADMINISTRATOR: Sponsor: Federal-Mogul Motorparts LLC, 27300 W 11 Mile Road, Southfield, Michigan, 48034; (the “Sponsor”). Administrator: The Marco Corporation, Brantford, Ontario, N3V6T1 (the “Administrator”).
3. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States, the District of Columbia, Puerto Rico and U.S. Territories, and Canada, who (at the time of entry) are eighteen (18) years of age or over, or the legal age of majority in their state, province or territory of residence, whichever is greater. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of the Sponsor, its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, the “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). By participating in this Sweepstakes, you agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Void outside of the fifty (50) United States, the District of Columbia, Puerto Rico and U.S. Territories, Canada, and where prohibited.
4. HOW TO ENTER – NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS SWEEPSTAKES.
There are two (2) ways to earn an Entry (each, an “Entry” and collectively, the “Entries”) in the Sweepstakes, as follows:
A) Online Entry: If you are an eligible entrant, during the Sweepstakes Period go to the Website and follow the on-screen instructions to: (i) enter your full name, valid email address, ten (10) digit telephone number and full mailing address including zip code or postal code; (ii) submit a photo/selfie of yourself holding a MOOG box (the “Image”); (iii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules; and (iv) check the opt-in box if you choose to receive future promotional communications from the Sponsor (choosing to receive future promotional communications from the Sponsor will not in any way whatsoever increase or otherwise impact your chances of winning in this Sweepstakes, and you can opt-out of receiving such communications at any time). Next, click the “Submit” button to be eligible to earn one (1) entry (“Online Entry”).
B) No Purchase Mail Entry: If you are an eligible entrant, you may enter the Sweepstakes by printing your first name, last name, ten (10) digit telephone number, and valid email address and full mailing address including zip code or postal code on a plain white piece of paper and mailing it (in an envelope with sufficient Canadian or US postage, as applicable) along with a fifty (50) word or more unique and original handwritten essay on the importance of quality steering and suspension products.
US entrants may send their Request, in an envelope with sufficient US postage to:
C/O I Just Want My MOOG Sweepstakes
27300 W. 11 Mile Road, 4th FL
Southfield MI, 48034
Canadian entrants may send their Request, in an envelope with sufficient Canadian postage to:
I Just Want My MOOG Sweepstakes
P.O. Box 4099,
Paris, Ontario, N3L 3W9
(each a “Request,” collectively, “Requests”). Upon receipt a valid Request in accordance with these Rules, you will be eligible to receive one (1) Entry. To be eligible, a Request must be submitted in a separately post-marked envelope during the Sweepstakes Period and received by no later than June 5, 2018. Each Request must be sent separately in an envelope with sufficient U.S. or Canadian postage (as applicable). The Released Parties (as defined below in Rule 6) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Requests (all of which are void). No mechanically reproduced Requests or facsimiles will be permitted. For greater certainty, any eligible entrant may submit a Request or Requests.
To be eligible, your Entry (regardless of the method of entry) must be submitted and received in accordance with these Rules. To be eligible for the random draw your Entry must be submitted and received in accordance with these Rules during the Sweepstakes Period. All Entries become the property of Sponsor and will not be returned. Entries will not be judged. Entries which do not fully comply with these Rules (all as determined by the Sponsor in its sole and absolute discretion) will not be eligible for the Sweepstakes.
5. LIMITS OF ENTRY
There is a limit of one (1) Entry per household in this Sweepstakes, regardless of method of Entry. For greater certainty, you can only use one (1) mailing address to enter the Sweepstakes. If it is discovered that you have attempted to: (i) obtain more than one (1) Entry per household; or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address or mailing address to enter the Sweepstakes; then (in the sole and absolute discretion of the Sponsor) you may be disqualified from the Sweepstakes and all of your Entries are subject to disqualification. Use of any automated, script, macro, robotic or other program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter is prohibited and will automatically result in disqualification. All eligible Entries submitted and received in accordance with these Rules will be entered into the Sweepstakes random prize draw (see Rule 9).
6. SUBMISSION REQUIREMENTS:
Entry Type – Image
Formats – .jpg; .png; .tiff
Size – Up to 5 MB
BY SUBMITTING AN ENTRY (REGARDLESS OF THE METHOD OF ENTRY), YOU AGREE THAT SUCH ENTRY COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THESE RULES. THE SWEEPSTAKES PARTIES, AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT); (II) PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, ANY PRIZES (INCLUDING ANY USE OR MISUSE OF ANY PRIZES). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE SWEEPSTAKES AND/OR AWARDING OF ANY PRIZES.
Without limiting the generality of the requirements noted above in Rule 4, to be eligible for entry in this Sweepstakes, your Entry must be unique and original (i.e. you cannot copy someone else’s Entry in whole or in part). By participating in the Sweepstakes, each eligible entrant hereby warrants and represents that any Entry he/she submits:
i. is original to the entrant and that the entrant has obtained all necessary rights for the purposes: a) of submitting his/her Entry for the purposes of this Sweepstakes; and b) granting the license described in Rule 7;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: any form of dangerous driving or vehicle operation, any activity that damages the environment; nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
7. LICENSE, WAIVER AND RELEASE:
By entering the Sweepstakes and submitting an Entry, each eligible entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit, adapt, make available, combine with other visual elements and otherwise use his/her Entry (and each component thereof), in whole or in part, for advertising or promoting the Sweepstakes or for any other reason (including, but not limited to, creating a collage that includes multiple Images that may be posted on one or more social platforms), royalty-free and without compensation to you (meaning that the Sponsor is not required to pay the entrant or anyone else deriving rights from the entrant for the use of the entrant’s content); (ii) waives all moral rights in and to his/her Entry (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to disqualify any Entry and/or the associated entrant if a complaint is received with respect to the Entry (or the Image associated therewith), if the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Rules or for any other reason. Use of an Entry does NOT imply selection as a winner.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional notice or compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
8. PRIZES AND PRIZE RESTRICTIONS:
There are a total of fifteen (15) Grand Prizes (each, a “Grand Prize” and collectively, the “Grand Prizes”) available to be won during the Sweepstakes Period, each consisting of one (1) MOOG baseball cap, autographed by Mike Rowe, each with an approximate retail value (“ARV”) of five hundred dollars ($500.00 USD).
There are a total of seven thousand five hundred (7,500) Secondary Prizes (each, a “Secondary Prize” and collectively, the “Secondary Prizes”) available to be won during the Sweepstakes Period, each consisting of one (1) MOOG baseball cap, each with an ARV of ten dollars ($10.00 USD).
Grand Prizes and Secondary Prizes are each, a “Prize” and collectively, the “Prizes.”
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in their sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Limit of one (1) Prize per household during the Sweepstakes Period.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Sweepstakes. For avoidance of doubt, to the fullest extent permitted by applicable law, each confirmed understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
FOR US RESIDENTS: 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, regardless of whether it, in whole or in part, are used. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. FOR ALL WINNERS: The ARV of the Prize(s) is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes where required by law.
9. WINNER SELECTION:
Secondary Prizes: The first seven thousand five hundred (7,500) eligible participants to complete an eligible Entry in accordance with these Rules (as determined by the Sponsor in its sole and absolute discretion) will each be eligible to win a Secondary Prize (subject to compliance with these Rules). The odds of winning a Secondary Prize depend on the number of eligible entries submitted and the speed with which eligible participants complete a valid Entry in accordance with these Rules. There is a limit of one (1) Secondary Prize per household.
Grand Prizes: On June 6, 2018 (the “Sweepstakes Draw Date”) in Brantford, Ontario, fifteen (15) eligible Entries will be selected by random draw (“Draw”) from among all eligible Entries submitted and received during the Sweepstakes Period in accordance with these Rules. The eligible entrant associated with each such selected eligible Entry will be deemed a potential Grand Prize winner. The odds of winning a Grand Prize depend on the number of eligible Entries submitted and received during the Sweepstakes Period. There is a limit of one (1) Grand Prize per household.
SECONDARY PRIZE WINNER CONFIRMATION (RESIDENTS OF CANADA ONLY): BEFORE BEING DECLARED A CONFIRMED SECONDARY PRIZE WINNER, each eligible entrant who is a resident of Canada will be required to correctly answer a mathematical skill-testing question without mechanical or other aid. The skill testing question will be administered by email, using the email address each eligible resident of Canada provided with their Sweepstakes Entry. Each eligible entrant who is a resident of Canada will be required to reply to the email with a correct answer to the skill testing question within five (5) business days of receipt of email, in order to receive a Secondary Prize. If an entrant who is a resident of Canada fails to correctly answer the skill-testing question, then he/she will be disqualified and any rights he/she may have had to the Secondary Prize will be forfeited.
GRAND PRIZE WINNER CONFIRMATION: The Sponsor or its designated representative will make three (3) attempts to contact each selected entrant beginning on the Sweepstakes Draw Date by email or telephone (using the information provided at the time of entry). If a selected entrant cannot be contacted within three (3) attempts or within five (5) business days of the Draw Date (whichever comes first), or if there is a return of any notification as undeliverable; then that selected entrant will be disqualified and any rights he/she may have had to the applicable Grand Prize will be forfeited. In such case, Sponsor has the right, in its sole and absolute discretion and time permitting, but not the obligation, to select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with the applicable procedures outlined above in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected entrant). Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
BEFORE BEING DECLARED A CONFIRMED GRAND PRIZE WINNER, each selected entrant will be required to sign and return within five (5) business days of notification an Affidavit of Eligibility and a Liability/Publicity Release (Declaration and Release for residents of Canada), which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize as awarded; (iii) releases the Released Parties from any and all liability in connection with this Sweepstakes, the selected entrant’s participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of the selected entrant’s name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet, except where prohibited by law. If a selected entrant fails to return the properly executed Sweepstakes documents within the specified time, or is otherwise disqualified for any reason, then he/she will be disqualified and any rights he/she may have had to the applicable Grand Prize will be forfeited. In such case, Sponsor has the right, in its sole and absolute discretion and time permitting, but not the obligation to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with the applicable procedures outlined above in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected entrant).
Prizes will only be awarded to an address within the United States, the District of Columbia, Puerto Rico and U.S. Territories or Canada. Prizes will be mailed to the address provided at time of verification within 4-6 weeks after verification and the end of the Sweepstakes Period.
By accepting a Prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favour of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify a winning Entry, in its sole and absolute discretion. Upon request of Sponsor, a winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from winner, that the winner secure from any persons or photographers an irrevocable assignment and transfer to Sponsor all of any person or photographer’s right, title and interest in and to the winner’s Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The person or photographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Entry. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
10. SKILL-TESTING QUESTION AS APPLICABLE TO POTENTIAL WINNERS WHO ARE RESIDENTS OF CANADA:
Any potential winner who is a resident of Canada will, along with all other requirements as stated in these Rules, be required to correctly answer a time limited mathematical skill-testing question without mechanical or other aid to be administered by telephone, mail or email, as designated by the Administrator. If a selected entrant who is a resident of Canada fails to correctly answer the skill-testing question, then he/she will be disqualified and any rights he/she may have had to the applicable Prize will be forfeited. In such case, Sponsor has the right, in its sole and absolute discretion and time permitting, but not the obligation to select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with the applicable procedures outlined in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected entrant).
11. GENERAL CONDITIONS:
By accepting a Prize, each eligible entrant agrees to the use of his/her name, voice, statements about the Sweepstakes, and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet, except where prohibited by law.
The Released Parties will not be liable for any failure of any website during the Sweepstakes, including the Website; for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any Entry and/or other information to be received, captured or recorded for any reason including, but not limited to, technical problems or traffic congestion on the internet or at any website; or any combination of the above. The Released Parties are not responsible for incorrect or inaccurate entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the Entries. The Released Parties are not responsible for anyone being incorrectly identified as a winner or eligible winner. For the avoidance of any doubt, no one is a winner unless and until the Sponsor officially confirms him/her as a winner in accordance with these Rules. Further, the Released Parties will not be liable for any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Sweepstakes.
All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Sweepstakes; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Sweepstakes; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeframe specified by the Sponsor may result in disqualification. Sponsor reserves the right at its sole and absolute discretion, to disqualify any individual (and all of his or her Entries) who tampers with the entry process.
By entering this Sweepstakes, each entrant agrees to release and hold harmless the Released Parties from any liability in connection with this Sweepstakes or participation in any Sweepstakes related activities or, if declared a winner, the use or misuse of the applicable Prize. In particular, the Sponsor will not be held responsible if for any reason a Prize winner is not satisfied with his/her Prize. Under no circumstances, including negligence, shall the Sponsor or any of the other Sweepstakes Parties or Released Parties be liable for; any claims, injuries, losses, damages or expenses of any kind (compensatory, direct, incidental, consequential, or otherwise) with respect to, or in any way arising from, this Sweepstakes or the prizes awarded. Released Parties will not be held responsible for any lost, misdirected, destroyed, incomplete, late, altered or damaged Sweepstakes Entries. Any attempt to undermine the legitimate operation of the Sweepstakes is a violation of laws and may be subject to remedies and damages, including criminal prosecution. The Released Parties shall not be responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to, errors in advertising, the Rules, the announcement of the winner(s), distribution of prizes, or any technical malfunctions.
The Sponsor reserves the right subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Sweepstakes (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Sweepstakes as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, with the consent of the Régie, to cancel, amend or suspend this Sweepstakes to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. In the event of cancellation, Sponsor, in its sole and absolute discretion, may randomly award the Sweepstakes prizes from among all eligible, non-suspect entries received prior to cancellation, and will award the Sweepstakes prizes in a fair and equitable manner based on the non-suspect entries received prior to cancellation. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill to an eligible winner from Canada as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, with the consent of the Régie, and without prior notice, to adjust any of the dates, timeframes and/or other Sweepstakes mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Rules, or for any other reason.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address used or otherwise provided at the time of entry. “Authorized account holder” is defined as the person who is assigned to an email address by an email provider. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
12. INTELLECTUAL PROPERTY
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Sweepstakes, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
13. BINDING ARBITRATION
To the extent permissible by applicable law, these Rules, the Sweepstakes and any cause of action arising from the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Rules or the Sweepstakes shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Southfield, Michigan, U.S.A. and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the County of Oakland, State of Michigan, U.S.A. Each party shall bear his/her own legal expenses in such arbitration. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
14. GOVERNING LAW & JURISDICTION
To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Southfield, Michigan, U.S.A. for the resolution of any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these official Rules, and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision. If any provision of these Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity Sweepstakes may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
15. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the French version of these Rules, point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.
17. WINNERS LIST
Winner List requests must be received by July 31, 2018. For a list of winners send a self-addressed stamped envelope to The Marco Corporation, 470 Hardy Road Brantford, Ontario N3V6T1. U.S. residents may omit return postage.