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Dunlop Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
The Dunlop Sweepstakes (“Sweepstakes”) begins at 12:00:00 pm Eastern Daylight Time (“EDT”) on Sept 3, 2014, and ends at 11:59:59 p.m. EDT on Sept 30, 2014 (“Sweepstakes Period”).
The Sweepstakes is open only to legal residents of the fifty (50) United States and D.C., who are 18 years of age or older at the time of entry. Employees of Goodyear Dunlop Tires, North America, Ltd. (“Sponsor”) and Wunderman Worldwide, LLC, and each of their respective subsidiaries, affiliates, parent companies, retail locations, suppliers, distributors, advertising, promotion or any other agencies or entities involved with this Sweepstakes (“Promotional Parties”) and members of the immediate families (defined for these purposes as including biological parents or step-parents, siblings, children or spouse of any of the foregoing, and their respective spouses, regardless of where they reside) and/or households (whether related or not) of any of the above are not eligible to enter or win. Void where restricted or prohibited by law.
HOW TO ENTER:
You must be a registered user of Facebook (www.facebook.com) to enter this Sweepstakes. To enter this Sweepstakes you must “Like” the RideDunlop page located at www.facebook.com/RideDunlop. During the Sweepstakes Period, write and submit a post about why you would choose Dunlop MotorcycleTires and include the hashtag #IRideDunlop and #Sweepstakes on the RideDunlop Facebook wall (each a “Post”). For each valid Post, you will receive one (1) entry (“Entry”) into the Sweepstakes. Posts must be relevant to the topic described above, must comply with the Post Guidelines (as set forth below) and the Facebook.com Terms of Service, and must include the #IRideDunlop and #Sweepstakes hashtags to be valid. Posts will not be judged. Each Post must be no more than twenty (20) words in length and must be in English.
Limit one (1) Entry per Facebook account/person/email address per Entry Period. Entrants that do not follow all instructions, provide the required information Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Entrants must have a valid e-mail address. Automated entries are prohibited, and any use of automated devices will cause disqualification.
By submitting a Post you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (d) that you have obtained permission from a person who's name, is used in the Post, and (e) and that publication of the Post via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor, Facebook, Inc., and Released Parties from any claims to the contrary.
Posts may not be obscene or indecent; cannot be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; may not invade privacy or other rights of any person, firm or entity; may not in any other way violate any applicable federal, state or local laws or regulations or the Facebook’s Terms of Service; may not contain any reference to any third party trademarks or names or any copyrighted components; and cannot contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses. Posts not in compliance with the Post Guidelines may be disqualified.
BY POSTING, ENTRANT ACKNOWLEDGES THAT HIS/HER POST MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION.
Submission of a Post grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Post in any way, in any and all media, without limitation, and without consideration to the entrant.
POSTS POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Post requirements set forth herein in its reasonable discretion.
By submitting a Post, you agree that your Post 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 Post on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Post, 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.
On or about October 1, 2014, winners will be selected in a random drawing from among all eligible entries received. Odds of winning depend on the number of eligible entries received.
• GRAND PRIZE (1): One (1) set of two (2) Dunlop Motorcycle Tires. Approximate retail value (“ARV”): $599. Released Parties do not make, nor in any manner are responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the tires, including but not limited to their quality, fitness for purpose or mechanical condition. Tire details and specifications will be determined in Sponsor’s sole and absolute discretion.
• FIRST PRIZE (1): One (1) “I Ride Dunlop” T-shirt. Approximate retail value (“ARV”): $20. Size and color of t-shirt determined by Sponsor in its sole discretion.
• SECOND PRIZE: One (1) “I Ride Dunlop” Hat. ARV: $15. Color of hat determined by Sponsor in its sole discretion.
• THIRD PRIZE: One (1) set of four (4) Dunlop Tire Stickers. ARV: $10.
Total ARV of all Sweepstakes prizes: $45. Limit one (1) prize per person per household. Prize cannot be substituted, assigned, transferred or redeemed for cash. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. All ARVs are as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Winners are responsible for all federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Winner acknowledges that Released Parties have not 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 any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
WINNER NOTIFICATION TERMS AND CONDITIONS:
On or around June 1, 2014, each prize winner will be notified via comment to the potential winner’s entry on the Dunlop wall that they are a potential winner and need to reply to the Sponsor via email in order to provide their contact information. If Sponsor is unable to contact a potential winner within three (3) days from the Sponsor’s original wall post, such prize may be forfeited in Sponsor’s sole discretion and the prize may be awarded to an alternate winner. Potential winners are subject to verification, including verification of age. In the event any potential winner is not in compliance with any of these requirements of these Official Rules or if any prize or prize notification is returned as undeliverable, prize may be forfeited in Sponsor’s sole discretion and Sponsor reserves the right to award such prize to an alternate entrant who will also be selected randomly, even if the potential winner’s name has been publically announced. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited. By accepting a prize, that prize winner agrees to accept the prize in the manner set forth by the Sponsor. By participating, entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which shall be final and binding in all respects. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents.
The winners (or winners’ parent/legal guardian if winner is a minor in his/her state of residence, under 19 in AL and NE), by accepting a prize, agree (and agree to confirm in writing) on behalf of him/her and his/her heirs and executors or his/her minor child: to release and hold harmless the Released Parties from and against any and all liability for any injury including personal injury, death, loss or damages of any kind, arising from or in connection with participation in the Sweepstakes or the acceptance, possession, use and/or misuse of a prize, or any claims based on right of publicity/right of privacy.
By accepting a prize, each winner (or winner’s parent/legal guardian if winner is a minor in his/her state of residence, under 19 in AL and NE) grants (and agrees to confirm such grant in writing) Sponsor and those acting under its authority the right to use and publish his/her name, address (city and state of residence), Entry, Post, and/or likeness for advertising and promotional purposes in commerce and in any and all media now known or hereafter devised, worldwide in perpetuity, in connection with the Sweepstakes without limitation or notice, and without additional compensation, notification or permission, unless prohibited by law. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings, which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in Summit County, Ohio.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT (OR ENTRANT’S PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR IN HIS/HER STATE OF RESIDENCE, UNDER 19 IN AL AND NE) AGREES (AND AGREES TO CONFIRM IN WRITING) 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, 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.
Released Parties are not responsible for lost, late, inaccurate, stolen,, incomplete, misdirected, undelivered, delayed or damaged Entries. Sponsor is not responsible for any 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 entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Entry material that has been tampered with or altered is void. Further, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. If for any reason, (including, but not limited to, tampering, unauthorized intervention, fraud, virus, bug, or any other causes), the administration, security, fairness, integrity, or proper conduct of the Sweepstakes is affected or corrupted or the Sweepstakes is not capable of being conducted as described in these Official Rules for any other reason, as determined by Sponsor in its sole discretion, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, and in such case, to select the potential winners by randomly drawing from among all valid, non-suspect, eligible entries received, up to the time of such cancellation or termination.
WINNERS LIST REQUEST:
For the names of the winners, send a self-addressed, stamped #10 envelope by November1, 2014, to: Dunlop Tire Sweepstakes Winners List, P.O. Box 324, Lombard, IL 60148-0324. Winners list will be sent when winners have been verified and prizes have been awarded.
Goodyear Dunlop Tires North America, Ltd., 200 Innovation Way, Akron, OH 44316.
This Sweepstakes is in no way sponsored, endorsed or administered by, or in association with Facebook. If you enter, you are providing your information to Goodyear Dunlop Tires, North America, Ltd. and not to Facebook. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Facebook.