FLORIDA TOW SHOW TOW TRUCK GIVEAWAY

Transcription

1 FLORIDA TOW SHOW TOW TRUCK GIVEAWAY NO PURCHASE OR DONATION IS NECESSARY TO PARTICIPATE OR WIN. A DONATION WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND EXECUTE DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE GAME (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (SEE RULES BELOW). 1. GIVEAWAY OVERVIEW. The Florida Tow Show Tow Truck Giveaway (hereinafter referred to as Giveaway ) is comprised of a raffle for a 2016 Hino 258 with a Miller Industries Carrier (hereinafter referred to as the Prize ) is to be given to a winner randomly selected from participants who have received a Giveaway Ticket. Giveaway Tickets shall be distributed at events in which the Professional Wrecker Operators of Florida, Inc., (hereinafter referred to as the Sponsor ) appear throughout the United States and during the Florida Tow Show, held in Orlando, Florida, between April 7, 2016 and April 9, 2016 (hereinafter referred to as the Territory ). Distribution of Giveaway Tickets shall begin on November 15, 2015 and end on April 9, 2016 (hereinafter referred to as Distribution Period ). 2. WHO IS ELIGIBLE TO PARTICIPATE/TO WIN. A. Eligibility: The Giveaway is open to individuals who are residents of the United States of America and who are eighteen (18) years of age or older at time of participation (hereinafter referred to as the Participants ). Persons in any of the following categories are NOT eligible to participate: Any Employees of Professional Wrecker Operators of Florida Inc., Hino Trucks and Miller Industries. B. Agreement to Official Rules: The Giveaway is being conducted in the Territory by Sponsor, and each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding with respect to all aspects of the Giveaway. C. To Be Eligible To Win: Winning the Prize requires that the potential winner of the Prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Giveaway. Sponsor reserves the right to

2 disqualify any potential winner who Sponsor, in its sole discretion, determines is not permitted by law to receive a prize. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. 3. HOW TO PARTICIPATE AND OBTAIN A GIVEAWAY TICKET. Participant may receive a Giveaway Ticket either with a donation made to the Sponsor (see Rule 3A below) or without a donation made to the Sponsor (see Rules 3B and 3C below). Each Giveaway Ticket provides for one (1) chance to win the Prize. A Giveaway Ticket will be provided to Participant and a Giveaway Ticket Stub, upon which the Participant must clearly print his or her name or tow truck company, address, and telephone number, which will contain the same number as the Giveaway Ticket, will be retained by Sponsor, for inclusion in the drawing to be conducted as described below. The options to obtain a Giveaway Ticket described in Rules 3A and 3B are the only legitimate channels ("Legitimate Channels") for obtaining a Giveaway Ticket, although Sponsor may choose to authorize the distribution of Giveaway Tickets in a different manner from time to time during the Giveaway and, in that event, such an authorized distribution will be deemed a Legitimate Channel. Any other channel or method, including, without limitation, by purchase, sale, trading, auction or barter of Giveaway Tickets via online or live auctions, does not constitute Legitimate Channels and is expressly prohibited. A. With Donation made to the Sponsor: While Sponsor participates in an event within the Territory, Participant may make a donation, of any amount, to the Sponsor during the Distribution Period and Participant will receive one (1) Giveaway Ticket. B. Without a Donation made to the Sponsor at the Tow Show: While attending the Tow Show, a Participant may request a Giveaway Ticket without making a donation to Sponsor. C. Without a Donation made to the Sponsor (Alternate Method Of Entry "AMOE"): A Participant can request a Giveaway Ticket without making a donation to Sponsor by mailing a legibly handwritten request for a Giveaway Ticket, together with a legible self-addressed, stamped envelope with sufficient postage and a return address, including first and last name, street address, city, state and ZIP or postal code, to: Professional Wrecker Operators of Florida, Inc., Florida Tow Show Tow Truck Giveaway, 4718 Edgewater Drive Orlando, Florida One (1) Giveaway Ticket will be mailed in response to each mail-in request that complies with the requirements of these Official Rules, while supplies last. Participant must complete the Giveaway Ticket Stub, including his or her name or the name of the tow company, together with address and telephone number, and return the Giveaway Ticket Stub to Professional Wrecker Operators of Florida, Inc., Florida Tow Show Tow Truck Giveaway, 4718 Edgewater Drive Orlando, Florida Mail-in requests, including the request and both outer envelope and self-addressed stamped envelope, must be handwritten. Outer envelope must include a return address in the upper left hand corner that matches the requestor's street address, and must be postmarked no sooner than November 15, 2015, and no later than March 7, 2016, and received by

3 Sponsor no later than March 14, Participant must return the Giveaway Ticket Stub, with completed information, to Professional Wrecker Operators of Florida, Inc., Florida Tow Show Tow Truck Giveaway, 4718 Edgewater Drive Orlando, Florida 32804, postmarked no later than March 21, 2016, and received by Sponsor no later than April 7, 2016 Requests from Vermont residents that are postmarked in VT may omit return postage. Requests from VT residents that are postmarked outside of VT and omit return postage may be required to provide proof of VT residency to Sponsor's reasonable satisfaction before requests are fulfilled. Each request must be mailed in a separate stamped outer mailing envelope. Requests that are sent in business reply envelopes that utilize address labels or stickers (for any address), that are photocopied, handstamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with these Official Rules will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and envelopes. D. Transfers: (a) The transfer of a Giveaway Ticket by an ineligible person to an eligible person is strictly prohibited and (b) a potential prize winner may not transfer the prize or their potential winning Giveaway Ticket unless authorized in writing by Sponsor prior to transfer. Such authorization may be granted or withheld in Sponsor's sole discretion. 4. PRIZE TO BE AWARDED BY DRAWING ON APRIL 9, On April 9, 2016 (hereinafter the Date of Drawing ), all Giveaway Ticket Stubs retained by Sponsor will be included in a container, from which a winning Giveaway Ticket shall be drawn. Sponsor shall select an individual to select the winning Giveaway Ticket Stub, and the selection made shall be final. 5. PRIZE CLAIM DEADLINES. The winning Participant shall be notified by Sponsor in person, should Participant be present at the drawing; by telephone, at the number provided by Participant on the Giveaway Ticket Stub; or by writing, mailed via Certified Mail Return Receipt Requested at the address provided by Participant on the Giveaway Ticket Stub. The Participant shall have four (4) weeks from the date of receipt of the notification to claim the Prize. The Prize may be claimed in person or by written notification, sent to Sponsor via Certified Mail Return Receipt Requested. Any Prize not so claimed shall be retained by Sponsor. 6. GENERAL PRIZE CONDITIONS/RESTRICTIONS A. Prizes Not Claimed Or That Are Forfeited Will Not Be Awarded. No cash alternative or substitution of the Prize will be provided, except that Sponsor

4 reserves the right to substitute a prize of equal or greater value if the Prize cannot be awarded as described due to unavailability for any reason. If a potential winner cannot accept the Prize as stated, the Prize will be forfeited in its entirety and retained by Sponsor. Sponsor may, in its sole discretion, perform another drawing in the event the Prize is not claimed, but Sponsor maintains no obligation to do so. B. Conditions Of Prize Claim Submissions: All Prize Claim Documents received after the applicable redemption deadlines shall be deemed VOID and will be ineligible for the Prize. 7. VERIFICATION. The winning Giveaway Ticket is subject to verification at the corporate offices of the Professional Wrecker Operators of Florida, Inc.,4718 Edgewater Drive Orlando, Florida Upon completion of verification, the PWOF will contact the winner to initiate the prize awarding process or to notify the potential winner that he/she is not eligible to receive the prize. If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility, security requirements set by Sponsor and to help ensure that the use of any such person in advertising or publicity for the Giveaway or Sponsor will not bring Sponsor into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Giveaway or the Sponsor as determined by Sponsor in its sole discretion. Giveaway Tickets are null and void and will be rejected if not obtained through Legitimate Channels. If any part of any Giveaway Ticket is counterfeited, illegible, mutilated, or tampered with in any way, or if it comes from other games or promotions, the Giveaway Ticket, will be deemed void. Each Participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Giveaway, including without limitation determinations regarding the validity of Giveaway Tickets and any Prize Claim Documents submitted for verification. Except as specifically stated in these Official Rules, only the original Giveaway Ticket distributed in the Territory will be accepted for verification. Any person attempting to forge a Giveaway Ticket or defraud Sponsor in any way in connection with this Giveaway, may be prosecuted to the fullest extent permitted under the law. 8. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor and its successors and assigns, are not responsible for: (a) incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered or postage-due submissions of Prize Claim Documents and/or Giveaway Tickets, or any mail; (b) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (c) any technical malfunctions, failures or difficulties, printing errors, color discrepancies, clerical,

5 typographical or other error in any Giveaway Ticket; (d) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention. Proof of mailing requests, Prize Claim Documents or Giveaway Tickets of any kind or nature does not constitute proof of delivery. Prize Claim Documents or winning Giveaway Ticket submitted becomes the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Giveaway, each Participant hereby releases and agrees to hold the Sponsor harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise) due in whole or in part, directly or indirectly, to participation in the Giveaway or any related and/or travel-related activity, or participation in any prize-related activities, or the receipt, use or misuse of the Prize. Participants waive the right to assert as a cost of winning the Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity that might arise from claiming or seeking to claim the Prize. By submitting potential winning Prize Claim Documents and/or Giveaway Ticket, any verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of their name, voice and likeness, along with their address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Giveaway and other promotions without further compensation (except where prohibited by law), and releases the Sponsor from any liability with respect thereto. 9. DISCLAIMER OF WARRANTIES. THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE GIVEAWAY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. 10. MISCELLANEOUS. A. Disqualification: It is the Participant's sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules or decline the Prize for any reason prior to

6 award, such potential winner will be disqualified and the Prize forfeited. No mechanically produced, reproduced, illegible, incomplete, forged, softwaregenerated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Giveaway; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Giveaway, in whole or in part, or modify, suspend or extend the Giveaway in any way, or deem an affected Giveaway Ticket void and invalid if it determines, in its sole discretion, that the Giveaway Ticket in question reflects printing or other errors, or if it determines, in its sole discretion, that the Giveaway is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, computer viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper play, integrity and/or feasibility of the Giveaway. In the event Sponsor is prevented from continuing with the Giveaway or awarding the Prize as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Giveaway (or any portion thereof). Only the Prize described in these Official Rules will be awarded. If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more than one potential winner comes forward seeking to claim the Prize, the winner of the Prize may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances. C. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely

7 for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the internal laws of the State of Florida, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state or jurisdiction's laws. E. Language Discrepancy: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and/or prize claim materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 11. ARBITRATION. By participating in this Game, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort or otherwise) Participant may have against Sponsor arising out of, relating to, or connected in any way with the Giveaway, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Giveaway; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $ 125 USD for claims less than $ 10,000 or $ 375 for claims greater than $ 10,000 but less than $ 75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the

8 Participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant 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 Participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at OFFICIAL RULES. These Official Rules will be posted at the Professional Wrecker Operators of Florida, Inc., 4718 Edgewater Drive Orlando, Florida 32804, and at any location in which the PWOF is conducting promotional activities, during the time of such activity. To receive a copy of the Official Rules, mail a request, together with a selfaddressed stamped envelope to Professional Wrecker Operators of Florida, Inc., 4718 Edgewater Drive Orlando, Florida All requests must be postmarked by April 22, 2016 and received by April 29, Vermont residents may omit return postage. Limit one (1) request per outer envelope. 13. WINNERS LIST. For a list of Official Winners, mail a request, together with a #10 SASE to Professional Wrecker Operators of Florida, Inc., 4718 Edgewater Drive Orlando, Florida All requests must be postmarked by April 22, 2016 and received by April 29, Vermont residents may omit return postage. Limit one (1) request per outer envelope. Sponsor may also post the winners on the website of the Florida Tow Show, at Sponsor s sole discretion. 14. SPONSOR. Professional Wrecker Operators of Florida, Inc., 4718 Edgewater Drive Orlando, Florida