PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR BE SELECTED A PRODUCT PURCHASE WILL NOT IMPROVE YOUR CHANCES OF BEING SELECTED.
1. ELIGIBILITY: The “Nexen Tire Nexen Hero” promotion (the “Promotion”) is a consumer promotion only open to consumers who register to participate in the Promotion, and are legal residents of the 50 U.S. states, 18 or older (or age of majority in their state of residence whichever is older), and are veterans of the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marines, U.S. Coast Guard, or U.S. military Reserves (“Participant(s)”). Employees, officers and directors of Nexen Tire America, Inc. (“Sponsor”), Nexen distributors, and individuals or entities involved in the execution, preparation of materials and/or administration of this Promotion or any element thereof (collectively referred to herein as the “Promotion Entities”) and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Void wherever prohibited or restricted by law.
IMPORTANT NOTICE: Participants will be required to provide DD Form 214 (Certificate of Release or Discharge from Active Duty), must have been honorably discharged, and submit to a background check.
2. PROMOTION PERIOD: Promotion starts on or about 12:00 am Pacific Time (“PT”) on October 17, 2019 and ends 11:59 pm PT on December 3, 2019 (“Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s administrator’s server’s clock is the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
The Promotion or any element thereof may be cancelled, terminated, modified or extended by Sponsor (in its sole and absolute discretion), before the start of the Promotion Period (if Sponsor deems commercially feasible and practicable), or as otherwise by providing notice on the www.NexenTireUSA.com website. PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING TO THE ABOVE.
3. HOW TO ENTER: Register for the Promotion. Nominate an eligible U.S. Military Veteran and provide story for nomination; what they did in service and/or how they contribute to community. In order for donations to count towards Nexen Tire Match, Participants need to use the link provided at www.NexenTireUSA.com and make donations accordingly (“Entry” or altogether “Entries”). Any donations made other than the link provided in the Official Rules shall not count as part of the Match.
By entering, Participants agree to be contacted by Sponsor (or its authorized representatives) with communications and reminders relating to the Promotion. Limited to 1 Entry per Participant, per Promotion regardless of entry method used. Non-winning Entries do NOT carry over and are NOT eligible for subsequent Promotions. Proof of registration, Data, Entry, Entry request or other submission in connection with the Promotion is not proof of receipt or eligibility for the Promotion or any element thereof. Without limitation, Sponsor reserves the absolute right to disqualify any Participant/Entry/Entry request at any time immediately and without prior notice, forfeit any prizes, and to require immediate prize return if applicable.
Entries may only be submitted by a single registered Participant; group Entries are not permissible. Once submitted, Entries cannot be modified, deleted or cancelled. All Entries become the property of Sponsor and will not be returned. Prize awards are subject to compliance with these Official Rules and verification of all required or requested information. Any suspected or perceived attempt (discovered at any time) by any Participant, individual or entity, directly or indirectly, to obtain, submit or benefit from cheating; fraud; unauthentic Entries, Entry requests; manipulated, invalid Data; multiple identities; exchange sites; robotic, automatic, macro, script, programmed or other automated programs or means; unsportsmanlike, offensive, harassing, or abusive behavior or participation; use of any device or artifice; or any other similar or dissimilar unauthorized activities will disqualify Entry, and disqualify Participant from participation in the Promotion, and Participant will be required to immediately return any prizes won, if applicable. In the event of a dispute as to any identity, information or Data, the Participant assigned to that purchase sale in accordance with distributor’s or Sponsor’s supporting documentation or as otherwise determined by Sponsor in its sole and absolute discretion will be deemed to be the Participant for whom the Entry will be earned.
Promotion Entities are not responsible for late, lost, illegible, invalid, misdirected, incomplete, stolen, returned, damaged, undeliverable, postage due, untimely, suspect, reproduced, non-compliant Entries, Entry requests, Data, and/or any other information in connection with the Promotion, or any element thereof. It is the Participant’s sole responsibility to ensure Sponsor has current accurate contact information for them. Without limitation, Sponsor reserves the right not to award a prize if in its reasonable determination doing so would bring any one or more of the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor, its products and services, this Promotion, or any of the Promotion Entities as determined by Sponsor in its sole discretion.
Promotion Entities assume no responsibility for: computer/server, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry, Entry requests, Data, or other submissions or information, nor for any failure to capture any such information.
4. WINNER SELECTION/NOTIFICATION: On or about week of December 9th, 2019, the Board of Directors for the Purple Heart Foundation will vote and select a recipient, alongside representatives of Nexen Tire. The recipient will be determined by a majority vote. The recipient will be subject to a background check before awarded any prize, and can be disqualified for any reason determined by “The Sponsor” or The Purple Heart Foundation.
Prize recipient will be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release within a time specified by Sponsor, or else respective prizes will be forfeited in their entirety and will be awarded to an alternate potential winner for that prize. Participants must have provided their DD Form 214, have been honorably discharged, and submitted to a background check or will be disqualified, will forfeit any prizes won, and will not be eligible to further participate in the Promotion or any element thereof.
Grand Prize (1) per Promotion:A “2019 Jeep Wrangler”.
Limit one (1) Grand Prize per entrant during the entire Promotion Period. Upon any prize delivery/award, winners assume all costs, responsibility, damages, liability and expenses relating directly or indirectly to the respective prize thereafter, and agree to release and hold harmless the Promotion Entities from any and all threatened or actual claims, actions, responsibilities, damages, costs and liabilities arising at any time relating thereto. Items, models, equipment, colors, features and any other elements of prizes are selected by Sponsor in its sole and absolute discretion. No transfer, assignment or substitution of a prize (in whole or in part) is permitted, except Sponsor reserves the right to substitute a prize of equal or greater value. Only the described number of prizes stated in these Official Rules is available to be won in the Promotion; in no event will Promotion Entities be responsible to award more than the stated number of prizes. In the event that technological, programming, printing, seeding or any other events or errors, similar or dissimilar, cause more than the stated number of prizes in any category, as indicated in these Official Rules, to be announced, communicated, printed, distributed, claimed or received (in any and all media/medium) for any prize, Sponsor reserves the right, in its absolute discretion, to award only the stated number of prizes in such category by random drawing among all eligible claimants in that prize category (or in accordance with a different random selection process) as determined fair and equitable by Sponsor. Prizes may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any unauthorized channels of distribution. Any depiction of prizes in advertising or promotional materials is for illustrative purposes only and depicted prizes may not be the actual prizes awarded. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Any trademarks referenced or shown in connection with any prizes are the trademarks or registered trademarks of their respective owners, which are not Sponsors of, nor otherwise affiliated with this Promotion, or any element thereof.
The odds of being selected for the Grand Prize shall not depend on the number of donations made nor on the amount of donation.
IMPORTANT NOTICE: Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of the winners; winners are advised to seek independent counsel regarding tax implications of their prize winning.
6. GENERAL: By participating, Participants agree to abide by and be bound to these Official Rules and the decisions of the Sponsor (and its authorized representatives) which are final and binding in all respects. In the event of noncompliance, if a Participant is or becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two (2) separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner will be selected for the applicable prize for the corresponding Promotion. After a reasonable number of unsuccessful attempts to verify an alternate winner for a particular prize level, the respective prize may remain un-awarded. By entering and/or accepting a prize, Participants and/or winners hereby consent, where lawful, to the use by Sponsor (and its affiliates and their authorized representatives) of their name, image, likeness, hometown name, biographical information, voice and statements about the Sponsor and/or Promotion (provided truthful and accurate) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval. Grand Prize winner will be videotaped or recorded during the receipt of the Grand Prize.
7. LIMITATIONS OF LIABILITY: Promotion Entities assume no responsibility for any virus, worms, bugs, unauthorized human intervention, technical or equipment failures of any kind, human error, or other causes; or the incorrect or inaccurate capture of Data, Entry, Entry Request, or other information; nor for the failure to capture any such information. If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the winner(s) (for the applicable prize) randomly from Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Persons suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR ANY ELEMENT THEREOF IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Promotion Entities are not responsible for injury or damage to Participants’ or to any other person's computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website.
In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications in any and all media/medium relating to this Promotion or any element thereof, these Official Rules shall govern. Promotion Entities shall not be liable to Participants, winners or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), technological/equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control. BY PARTICIPATING, PARTICIPANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ITS AFFILIATES AND SUBSIDIARY COMPANIES, TOUCHPOINT PROMOTIONS, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY GAME OR PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION, OR ANY ELEMENT THEREOF. To the fullest extent permitted by law, Participants covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising directly or indirectly out of this Promotion or any element thereof. The WEBSITE and all PRIZES awarded herein are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in/near Diamond Bar, CA.
8. RECEPIENT LIST: Recipient of applicable Promotion prizes will be posted online for a limited time at: www.NexenTireUSA.com
9. SPONSOR: Nexen Tire America Inc., 21073 Pathfinder Road, Diamond Bar, CA 91765.