ACCEPTANCE OF RULES.
By entering this Sweepstakes, you fully and unconditionally accept and agree to these Rules and to all decisions made by Administrator, which are final and binding on all matters related to the Sweepstakes.
• ODDS OF WINNING THIS SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
• THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENS ARE REQUIRED.
• NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER THIS SWEEPSTAKES. MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE THE AMOUNT OR CHANCES OF WINNING.
ADMINISTRATOR AND SPONSOR.
This Sweepstakes is administered and conducted by Chive Media Group, LLC (“Administrator”) and sponsored by Turtle Wax, Inc. (collectively with Administrator, referred to as the “Sweepstakes Entities”).
ELIGIBILITY TO ENTER.
The Sweepstakes is only open to legal U.S. residents of the 50 United States and the District of Columbia, who are at least 18 years old as of the beginning of the applicable Entry Period (defined in these Rules). By entering, you represent that you are at least 18 years old. Employees of the Sweepstakes Entities and/or their respective advertising and marketing agencies, parents, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, conducting, or development of this Sweepstakes, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to enter.
HOW TO ENTER.
You may only enter this Sweepstakes ONE (1) time. You may enter through either of the following methods:
A) Comment within the comment section on any of the 3 “Road Trippin’” videos posted on thechive.com (sponsored by Turtle Wax) with your favorite road trip memory.
B) Tag three friends, within the comment section of thechive’s social postings (Facebook, Instagram or Twitter) of any of the 3 “Road Trippin’” videos (sponsored by Turtle Wax).
All information submitted during your entry must be complete and accurate, or your entry will be disqualified. You may only enter this Sweepstakes on behalf of yourself; you may not enter on behalf of any other person. The owner of the email address used to submit the entry will be deemed the entrant into the Sweepstakes. You may be required to show proof of ownership of your account used to enter.
This Sweepstakes is only open for entry during the following time period (the “Entry Period”):
• Sweepstakes begins on 5/24/18 at 3:30pm CST.
• Sweepstakes ends on 7/18/18 at 11:59pm CST.
Approximately 1 week after the end of the Entry Period, Administrator will choose 1 winner of the Sweepstakes (the “Winner”) by random selection.
The Sweepstakes Winner will be awarded the following prize (the “Prize”):
• Up to 4 tickets, not to exceed a total retail price of $1,500 (including taxes and fees), to a music festival of Winner’s choice, subject to Administrator’s reasonable approval, taking place in the United States on or before December 31, 2018.
The approximate retail value of the Prize is $1,500. The actual retail value of the Prize may be different from the stated approximate retail value due to the number of tickets chosen, the actual retail price of the tickets, taxes, processing fees, market conditions, changes in values/rates of components; and if so, Winner will not be entitled to receive any difference in value.
The Prize is subject to the following restrictions:
Claiming the Prize. To claim, ACCEPT, AND BE AWARDED the Prize, the Winner must meet all eligibility requirements, comply with these rules, and be ready, willing, and able to claim the Prize. If the Winner, AT ANY TIME, IS NOT ABLE TO, BECOMES INABLE TO, or suspectS that he/she will not be able to claim OR ACCEPT the Prize, the Winner agrees to immediately notify Administrator thereof AND, IN SUCH CASE, THE WINNER WILL FORFEIT AND NOT BE AWARDED THE PRIZE AND WILL NOT BE ENTITED TO ANY additional prizes, substitutions, reimbursement, payments, difference in value, or other consideration of any kind.
Excluded Expenses. THE WINNER IS SOLELY RESPONSIBLE FOR ALL EXPENSES OF OR RELATING TO, ALL TRANSPORTATION, TRAVEL, AND LODGING RELATED TO THE PRIZE AND/OR TO AND FROM THE PRIZE. THE WINNER IS ALSO SOLELY RESPONSIBLE FOR ARRANGING AND SECURING, ALL TRANSPORTATION, TRAVEL, AND LODGING ACCOMMODATIONS RELATED TO THE PRIZE AND/OR TO AND FROM THE PRIZE. ADDITIONALLY, All OTHER EXPENSES not expressly stated AS INCLUDED IN THE PRIZE are the sole responsibility of the WINNER AND are not included in the Prize.
Warranty Disclaimer. THE PRIZE IS AWARDED “AS IS.” ADMINISTRATOR DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Ticket Number and Price. As the Prize, the Winner may chose to receive up to 4 tickets to an eligible music festival, but the total retail price (including taxes and fees) of all those tickets may not exceed $1,500. If the Winner elects to receive less than 4 tickets, or if the total retail price of all tickets chosen is less than $1,500, those tickets will constitute the Winner’s full, final, and entire Prize, and the Winner will not receive any additional prizes, substitutions, reimbursement, payments, difference in value, or other consideration of any kind.
Prize Limitations. No more than the stated number of Prizes will be awarded. The Prize is non-transferable and has no cash redemption or substitution value, except that Administrator, in its discretion, reserves the right to substitute or replace the Prize at any time with one of greater or comparable value if any part of the Prize becomes unavailable for any reason. Administrator will not be responsible for or replace any lost or stolen Prizes. The Prize is offered as an “all or nothing” Prize; no portion of the Prize may be used independently of the entire Prize.
Changes. Administrator is not responsible for any cancellations, delays, or changes in dates, times, location, events, schedules, or otherwise with respect to the Prize. If any part of the Prize is canceled, delayed, or changed, or if the Winner or guest becomes unable to attend the Prize for any reason, the Winner will not receive any additional prizes, substitutions, reimbursement, payments, difference in value, or other consideration of any kind. The Winner is solely responsible for staying informed about the details of the Prize and any changes thereto.
Compliance and Conduct. Winner and his/her guest (if applicable) must: (a) be eligible to travel to the Prize, as determined by the applicable travel authority or travel provider; (b) comply with and be subject to all terms of tickets and reservations (such as airline tickets and hotel reservations) and all related documentation, instructions, and protocols; and (c) in connection with attendance or participation in the Prize, not engage in behavior at any time that Administrator determines, in its discretion, to be obnoxious, threatening, illegal, annoying, abusive, threatening harassing, or is likely to disparage or be harmful to the reputation or commercial interest of any Sweepstakes Entity or third party. In the event of a failure comply with any of the foregoing, the Winner will forfeit the Prize without any substitution, reimbursement, payments, difference in value, or other consideration of any kind.
Guest Restrictions. Subject to the Prize amount limit, the Winner may have the opportunity to bring guests to participate in the Prize along with the Winner. However, those guests do not have any right to the Prize themselves; instead, the Winner’s Prize includes the opportunity to bring guests with him/her. The Winner may choose to not bring guests and, if so, the Prize will apply only to the Winner and the Winner will not receive any additional prizes, substitutions, reimbursement, payments, difference in value, or other consideration of any kind as a result of his/her decision not to bring guests.
NOTIFICATION OF THE WINNER.
Administrator will contact the Winner to notify him/her that he/she is has been selected as a Winner, to confirm acceptance of the Prize, and to arrange for claiming of the Prize.
ALL WINNERS MUST MEET ALL ELIGIBILITY REQUIREMENTS AND COMPLY WITH THESE TERMS TO WIN THE PRIZE. WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR, IN ADMINISTRATOR’S SOLE DISCRETION, AND ALL ADMINISTRATOR’S DECISIONS WITH RESPECT THERETO ARE FINAL. NO ENTRANT WILL BE DECLARED A WINNER UNLESS AND UNTIL ADMINISTRATOR HAS VERIFIED THE THAT ENTRANT’S ELIGIBILITY.
Ownership. You must be the sole owner of all right, title, and interest (including all copyrights and any other intellectual property rights therein) in and to your entry.
Incorporated Materials. If your entry uses or incorporates any materials, works, content, music, performances, compositions, or trademarks owned by a third party, or the name, image, likeness, voice, identity, social media ID, statement, hometown, or biographical information of any person (collectively, “Incorporated Materials”), then you must have obtained from the respective owner full clearance, consent, and permission to, as applicable, use and/or incorporate those Incorporated Materials in your entry and submit them in connection with your entry into this Sweepstakes. If you have not obtained such clearance, consent, or permission, do not submit any such entry.
Third Party Terms. If entry into this Sweepstakes requires you to make use of any third-party products or services, including without limitation, third-party, apps, websites, social media platforms, or email services (collectively, “Third-Party Services”), then you agree to abide by all rules, policies, terms, and conditions governing the use of each of those Third-Party Services in connection with your entry.
CANCELLATION AND DISQUALIFICATION.
Administrator reserves the right to, in its discretion, cancel, suspend, and/or modify the Sweepstakes (or any part thereof) and/or to disqualify any entrant, Winner, or potential Winner in the event of any of the following (each “Disqualifying Event”):
• Administrator has reason to believe there exists any tampering, fraud, delay, unauthorized intervention, cheating, technical failures, fraudulent voting, or any other factor, technical failures, or other causes that may adversely affect the administration, security, fairness, integrity, or proper functioning of the Sweepstakes;
• Administrator has reason to believe that any person has violated these Rules in any way;
• Any entrant violates any applicable law, rule, or regulation the result of which may adversely affect the administration, security, fairness, integrity, or proper functioning of the Sweepstakes;
• Any entrant annoys, abuses, threatens, or harasses any other entrant or Administrator;
• Administrator’s technical systems become otherwise impaired for any reason, in a manner that may adversely affect the administration, security, fairness, integrity, or proper functioning of the Sweepstakes;
• Administrator is unable to fully verify the eligibility of a Winner or potential Winner, or Administrator determines a Winner or potential Winner to be ineligible;
• Any person attempts to exceed the limit of number of entries into the Sweepstakes by any method, including but not limited to, using multiple email addresses or accounts or robotic entries;
• A Winner is not ready, willing, or able to accept and claim the Prize in accordance with these Rules or Administrator is unable to deliver the Prize for any reason.
• As may be required by any governmental agency with authority over sweepstakes regulation.
In the event of any DISQUALIFYING EVENT, Administrator reserves the right, but is not required to, award or dispose of the Prize, as deemed fair and appropriate by Administrator, in its DISCRETION, including without limitation, disqualifying all suspect entries and/or selecting new winner(s). IF administrator does select a new winner, the new winner will be selected from THE REMAINING POOL OF NON-WINNING ENTRANTS, using the same winner selection method EMPLOYED TO CHOSE THE ORIGINAL WINNER.
LICENSE TO ENTRIES.
You grant Licensees the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to, in their discretion, use your name, image, likeness, voice, identity, social media ID, statement, hometown, and/or biographical information (collectively, your “Likeness”), in any and all media now known or hereafter devised, for all purposes (whether commercial, non-commercial, or otherwise) without any further compensation, consideration, notice to, or approval by, you. The foregoing license includes the right of Licensees to modify and/or edit your Likeness, provided that no such modification or editing will be reasonably likely to be disparaging of you.
REPRESENTATIONS AND WARRANTIES.
You represent and warrant that:
• You are the exclusive owner of all right, title, and interest in and to all entries you submit;
• You have not assigned, transferred, or exclusively licensed any rights (including without limitation any copyrights or other intellectual property rights) in your entry or any portion thereof to any third-party, nor otherwise encumbered your entry or any rights therein.
• You have full right, power, and authority agree to these Rules and to grant to Administrator all rights, licenses, and consents under these Rules;
• With respect to any Incorporated Materials, you have obtained full clearance, consent, and permission to use and/or incorporate those Incorporated Materials in your entry, to submit them with your entry into this Sweepstakes, and to grant Administrator all licenses, rights, and consents granted in and to those Incorporated Materials under these Rules; and
• Your entry does not and will not violate or infringe upon the rights of any third party, nor violated any applicable laws, rules, or regulations.
Taxes and Forms.
All Winners are solely responsible for all federal, state, and local taxes associated with the value of the Prizes, and for any shipping and handling charges related to delivery of the Prize. As a condition of receiving any Prize, each Winner may be required to execute and return to Administrator a form W-9, Affidavit of Eligibility, Liability and Publicity Release, and any other forms requested by Administrator, each in a form and substance acceptable to Administrator.
BY ENTERING THIS SWEEPSTAKES, YOU FOREVER RELEASE AND HOLD HARMLESS ADMINISTRATOR, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, and advertising and marketing agencies (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, AND COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO YOUR ENTRY INTO, INABILITY TO ENTER INTO, OR PARTICIPATION IN THE SWEEPSTAKES. YOUR FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO YOU OR YOUR PROPERTY; (C) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, FRAUDULENT, INCORRECT, INCOMPLETE, OR DELAYED ENTRIES; (D) RECEIPT, USE, OR MISUSE OF THE PRIZE; (E) ERRORS OR MALFUNCTIONS OF ANY EQUIPMENT, COMPUTER, ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE FAILURES; (F) THIRD-PARTY INTERVENTION INTO THE SWEEPSTAKES OR OTHER TECHNICAL OR HUMAN ERRORS OR MALFUNCTIONS OF ANY KIND; (G) USE OF THE WEBSITE ON WHICH THE SWEEPSTAKES IS CONDUCTED; (H) THE CANCELLATION, SUSPENSION, OR MODIFICATION OF THE SWEEPSTAKES OR THE DISQUALIFICATION OF ANY ENTRANT OR WINNER; (I) BREACH OF CONTRACT; (J) INFLICTION OF EMOTIONAL DISTRESS; DEFAMATION, FALSE LIGHT, COMMON LAW OR STATUTORY MISAPPROPRIATION, VIOLATIONS OF ANY ACTUAL OR PURPORTED RIGHT OF PRIVACY AND/OR PUBLICITY; and/or (K) infringement or violation of copyright, trademark, patent, or other intellectual property rights.
RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW: IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANT OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE and holding harmless of the RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE RULES IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION
LIMITATION OF LIABILITY.
NO RELEASEES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THAT RELEASEE WAS OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By entering this Sweepstakes, you indemnify, defend, and hold harmless the Administrator from and against any all third-party Claims related to your: (a) breach or violation of these Rules or of any representation, warranty, or provision contained herein or otherwise made in connection with the Sweepstakes; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of any applicable law, rule, or regulation.
This Sweepstakes and these Rules will be governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from or relating to this Sweepstakes, these Rules (including their construction, validity, and enforceability), the Prize, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Austin, Texas.
This Sweepstakes is for entertainment purposes only and may not be used as or in connection with any form of gambling.
NO THIRD-PARTY ENDORSEMENT.
This Sweepstakes is not associated with or administered, sponsored, or endorsed by, any Third-Party Services or any third party other than the Sweepstakes Entities.
RULES; WINNER LIST; QUESTIONS.
To receive a copy of these Rules, within 15 days after the end of the Entry Period, send a self-addressed stamped envelope to: Administrator Media, LLC, attn. Sweepstakes Rules, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The winner list will be mailed approximately 15 days after receipt of requests therefore. For any questions about this Sweepstakes, contact the Administrator at the preceding address.