OFFICIAL
SWEEPSTAKES RULES
NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A
purchase will not improve chances of winning.
CONSUMER
DISCLOSURE
You
have not yet won.
OPEN
ONLY TO LEGAL RESIDENTS OF COLORADO ONLY WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY.
By
entering this Promotion, entrants accept and agree to be bound by these
Official Rules. Any violation of these rules may, at
Sponsor's discretion, result in disqualification. All decisions of the judges
regarding this Promotion are final and binding in all respects.
1.
PROMOTION PERIOD. Promotion begins at 12:01 AM MST ("ET") on
May 1, 2012, and ends at 11:59 AM MST May 30th, 2012, when all
entries must be received ("Promotion Period").
2.
ELIGIBILITY.
This sweepstakes (the "Promotion") is only open to legal residents of
Colorado who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents,children, siblings, spouse) of, and persons residing in the same household as, such individuals. This promotion is void outside of Colorado and where prohibited.
3.
HOW TO ENTER.
There are two (2) ways to enter: (1) Visit www.ProAuto1.com and click Facebook
Contest icon or (2) become a fan of Pro Auto Care by visiting www.facebook.com/proautocare . All entries become
the property of the Sponsor and will not be acknowledged or returned.
4.
WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by random drawing from all
eligible entries on the following dates:
One (1) iPad on May 14th, 2012 (the “Drawing Date”).
One (1) iPad on May 30th, 2012 (the “Drawing Date”).
One (1) PAir of Nuggets Tickets Drawing DAte TBD (the “Drawing Date”).
Any
potential winner will be notified by mail, e-mail, Facebook, and/or telephone.
If a potential winner: (i) cannot be contacted; (ii)
does not respond within five (5) days from the date the Sponsor first tries to
notify him/her; (iii) fails to return the Affidavit and Release as specified in
Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is
returned as undeliverable, such potential winner forfeits all rights to win the
Promotion or receive the prize, and an alternate potential winner may be
selected. (After five (5) such alternate potential winners have been selected
without securing an eligible winner, the prize may remain un-awarded.) Upon
contacting a potential winner and determining that he/she has met all
eligibility requirements of the Promotion, including without limitation the
execution of required waivers, publicity and liability releases and
disclaimers, such individual will be declared the "winner" of the
Promotion. All prizes must be picked up in person and will be released following verification of picture id. No third party pickups. Prizes will not be shipped.
5.
PRIZE DESCRIPTION. The approximate retail value of the prize(s) iPad = $599 each, Nuggets Tickets= $180 each. Certain restrictions may apply
including expiration date.
6.
TAXES.
All federal, state, and/or local income and other taxes, if any, are the
winner's sole responsibility.
7.
ODDS OF WINNING.
The odds of winning this Promotion depend on the number of eligible entries
received.
8.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for
cash. Any portion of the prize that is not used is forfeited. No substitutions
for prize except by Sponsor, in which case a prize of equal or greater value
will be substituted.
9.
CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges
the Sponsor, judging organization (if applicable), and any other party
associated with the development or administration of this Promotion, their
parent, subsidiary, and affiliated entities, and each of their respective
officers, directors, members, shareholders, employees, independent contractors,
agents, representatives, successors, and assigns (collectively, "Sponsor
Entities"), from any and all liability whatsoever in connection with this
Promotion, including without limitation legal claims, costs, injuries, losses
or damages, demands, or actions of any kind (including without limitation
personal injuries, death, damage to, loss or destruction of property, rights of
publicity or privacy, defamation, or portrayal in a false light) (collectively,
"Claims"). Except where prohibited: (i)
acceptance of a prize constitutes the consent of any winner, without further
compensation, to use the name and likeness of such winner for editorial,
advertising, and publicity purposes by the Sponsor and/or others authorized by
the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of
the Sponsor Entities of any and all Claims in connection with the
administration of this Promotion and the use, misuse, or possession of any
prize; (iii) any potential winner may be required to sign an affidavit of
eligibility (including social security number) and a liability/publicity
release; and (iv) if prize involves travel or activities, any potential winner
and travel companion (if applicable) may be required to execute releases of the
Sponsor from any and all liability with respect to participation in such
travel/activities and/or use of the prize. Affidavits and releases must be
returned within ten (10) days from the date that Sponsor first tries to notify
the potential winner. If winner is deemed to be a minor under the jurisdiction
of his/her residence, the prize will be awarded in the name of his/her parent
or legal guardian who must execute the necessary affidavit and release and, if
applicable, must accompany winner on the trip (no additional travel expenses
will be awarded should a parent or legal guardian be required to accompany the
winner on the trip).
10.
DISCLAIMERS.
(i) Sponsor not responsible for entries that are
lost, late, misdirected, incorrect, garbled, or incompletely received, for any
reason, including by reason of hardware, software, browser, or network failure,
malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere.
In the event of a dispute, entries will be deemed submitted by the authorized
account holder of the e-mail address submitted at the time of entry.
"Authorized account holder" is defined as the natural person who is
assigned to an e-mail address by an Internet Access Provider, online service
provider, or other organization (e.g., business, educational institute) that is
responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the
right to disqualify any person tampering with the entry process or the
operation of the website or otherwise attempting to undermine the legitimate
operation of the Promotion. Use of bots or other automated process to enter is
prohibited and may result in disqualification at the sole discretion of
Sponsor. (iii) Sponsor further reserves the right to cancel, terminate, or
modify the Promotion if it is not capable of completion as planned, including
by reason of infection by computer virus, bugs, tampering, unauthorized
intervention, force majeure, or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the
administration or fulfillment of this Promotion, including without limitation
mechanical, human, printing, distribution, or production errors, and may modify
or cancel or terminate this Promotion based upon such error at its sole
discretion without liability. In no event will Sponsor be responsible for
awarding more than the number of prizes specified in these rules. (v) In the
event this Promotion is canceled or terminated, pursuant to subparagraph (iii)
or (iv), Sponsor, in its sole discretion, may elect to
hold a random drawing from among all eligible entries received up to the date
of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR
ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR
IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY,
QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY
COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY
DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY
BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE
MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT
OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vii) The value(s) of the prize(s)
set forth above represent Sponsor's good faith determination of the approximate
retail value(s) thereof; the actual fair market value(s) as ultimately
determined by Sponsor are final and binding and cannot be challenged or
appealed. In the event the stated approximate retail value(s) of a prize is
more than the actual fair market value of that prize, the difference will not
be awarded in cash or otherwise. No substitution or compensation will be given
for any portion of the prize that is not used.
11.
APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and
local laws and regulations. Issues concerning the construction, validity,
interpretation, and enforceability of these Official Rules shall be governed by
the laws of the State of Colorado, without regard to any principles of conflict
of laws. All disputes arising out of or connected with this Promotion will be
resolved individually, and without resort to class action, exclusively by a
state or federal court located in Denver, Colorado. Should there be a conflict
between the laws of the State of Colorado and any other laws, the conflict will
be resolved in favor of the laws of the State of Colorado. To the extent
permitted by applicable law, all judgments or awards shall be limited to actual
out-of-pocket damages (excluding attorneys' fees) associated with participation
in this Promotion and shall not include any indirect, punitive, incidental,
and/or consequential damages.
12.
WINNER LIST.
For a list containing the names of the winners, send a self-addressed stamped
envelope, within six (6) months of the Drawing Date, to: Winner List, "Pro
Auto Care Facebook Contest" 2030 S Dahlia Street Denver, CO 80222.
13.
SPONSORSHIP.
This Promotion is sponsored by Pro Auto Care S Dahlia Street Denver, CO 80222
(individually and collectively, the "Sponsor").


