NO PURCHASE NECESSARY TO ENTER OR TO WIN.
SKILL-TESTING QUESTION REQUIRED.
VOID WHERE PROHIBITED BY LAW OR REGULATION.
1. Acknowledgement and Release from Liability of Facebook:
Although the “Scootaround Super Bowl Sweepstakes” (the “Sweepstakes”) is also promoted via a Facebook interface, the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (“Facebook”) and by entering the Sweepstakes, the entrant agrees to a complete release of Facebook from any or all liability in connection with the Sweepstakes. You are providing your information to the Sponsor and not to Facebook.
Scootaround, Inc., 1345 Waverley Street, Suite 302. Winnipeg, MB. R3T 5Y7. Canada. (“Sponsor”).
The Sweepstakes is open only to permanent legal residents of Canada (excluding Quebec) and the United States of America (excluding Hawaii and Alaska, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, the United States Virgin Islands and all other U.S. and foreign territories and possessions) who are physically located and residing therein and who warrant and represent that they meet all of the following requirements as of the time their entry into the Sweepstakes is deemed complete:
(i) the entrant is 18 years of age or older;
(ii) the entrant has an email account;
(iii) the entrant has Internet access;
(iv) the entrant has possess a social insurance number and/or social security number issued by the appropriate government agency at time of entry; and
(v) the entrant has carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Rules.
Employees of the Sponsor, as well as those involved in the development, handling, production, implementation and distribution of the Sweepstakes, and their advertising or promotion agencies, parent companies, agents, officers, employees, licensees, subsidiaries or affiliates, service providers, prize suppliers, or any other persons/entities directly associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.
4. How to Enter:
BY ENTERING, THE ENTRANT AGREES TO COMPLY WITH THESE OFFICIAL RULES INCLUDING ALL ELIGIBILITY REQUIREMENTS.
(a) Sweepstakes Period
The Sweepstakes begins at 9:00:00 a.m. Central Time (“CST”) on January, 18th, and ends at 11:45:00 p.m. CST on February 1st, 2017 (the “Sweepstakes Period”).
(b) How to Enter
To enter this Sweepstakes, please access the Scootaround promotion website at http://promo.scootaround.com. You will also be required to input your first name and email address on a separate entry form page. The order of these steps may vary. These steps will enter you in the Sweepstakes (the “Form Entry”). A valid Form Entry must be submitted via the online method as described above. Only one Form Entry per email address and natural person is allowed during the Sweepstakes Period.
(c) Inviting Friends to Enter
Prospective entrants will also be offered the opportunity to invite their friends to enter the Sweepstakes and will receive one additional entry if an invited friend completes the Form Entry process described above (the “Invite Entry”, and together with the Form Entry, the “Entries”). All Entries must be received during the Sweepstakes Period.
(d) Void Entries and Disqualification
Any attempt by an entrant to obtain more than the allowable Entries by using multiple/different e-mail addresses or Facebook accounts, identities or any other online methods will void all of that entrant’s Entries. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of Entries and/or the entrant. All Entries become the sole property of the Sponsors and will not be acknowledged or returned.
(e) Verifying Eligibility and Modifications to Sweepstakes Scheduling
Sponsors reserve the right to verify eligibility of all entrants. Illegible and/or incomplete Entries and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void and will not be eligible for the Sweepstakes. Proof of entering information at website does not constitute proof of delivery or receipt. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted. Sponsors reserve the right to modify the scheduling of the Sweepstakes without prior notification.
Sponsor and their agents are not responsible for lost, late, or misdirected Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries.
5. Prizes and Odds of Winning:
(a) Number and Value of Prizes
A grand prize, a second place price and a third place prize (collectively, the “Prizes”) will be awarded as follows:
(a) Grand Prize – The grand prize is a 55” Samsung Curved UHD SMART TV and official Super Bowl LI merchandise (the “Grand Prize”) will be awarded to the first winner drawn. The colour and style of the grand prize may differ depending on availability. Grand prizes will be shipped to the Winners address only. The Approximate Retail Value (“ARV”) of the Grand Prize is $1096;
(b) Second Place Prize – One authentic NFL jersey of the winner’s choice (the “Second Place Prize”) will be awarded to the second winner drawn. The ARV of the Second Place Prize is $306; and
(c) Third Place Prize – A three-month subscription to “Game Day Box” for team(s) of the winners choosing (the “Third Place Prize”) will be awarded to the third winner drawn. The ARV of the Third Place Prize is $135.
Proof of age shall be a requirement of accepting the Prizes. The value of the Prizes represent the Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of the Grand Prize, Second Place Prize or Third Place Prize (or Prize components) is more than the actual retail value of the Grand Prize, Second Place Prize or Third Place Prize (or Prize components), the difference will not be awarded in cash or otherwise.
(b) Odds of Winning
Odds of winning depend on the number of eligible Sweepstakes entries received during the Sweepstakes Period.
(c) Forfeiture of Prizes
If a Winner forfeits the Grand Prize, Second Place Prize or Third Place Prize, this forfeiture will serve as complete fulfillment of the obligation by the Sponsor and no additional compensation will be awarded.
(d) Responsibility for Costs
Each Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. No substitution, transfer, or cash equivalent for the Grand Prize, Second Place Prize or Third Place Prize (or Prize components) is permitted. All federal, provincial, local or other taxes are the sole responsibility of each Winner.
(e) No Warranties (Express or Implied)
THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES). ACCEPTANCE AND/OR USE OF THE GRAND PRIZE, SECOND PLACE PRIZE AND THIRD PLACE PRIZE ARE AT THE WINNER’S SOLE RISK, AND SPONSOR IS NOT RESPONSIBLE FOR DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR MISUSE OF THE GRAND PRIZE, SECOND PLACE PRIZE OR THIRD PLACE PRIZE. THE SPONSOR RESERVES THE RIGHT TO VERIFY ELIGIBILITY OF EACH WINNER.
Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. IT IS YOUR RESPONSIBILITY to verify Manitoba and/or Canadian laws for any restrictions or limitations regarding these limitations or exclusions.
6. Winner Selection and Notification:
(a) Winner Selection
Each potential Prize winner will be randomly selected from among all eligible Entries in a drawing by Scootaround or a designee, the judge of the Sweepstakes whose decisions are final and binding on all matters relating to the Sweepstakes (each a “Potential Winner”), on or about February 2nd 2017 at 1:00:00pm CST.
(b) Winner Notification and Skill-Testing Question
Each Potential Winner will be notified by email (at the email address provided in the Form Entry) that same day that he or she was selected for a Prize. Before being declared a winner, each Potential Winner must first correctly answer a mathematical skill-testing question. Each Potential Winner will have three (3) business days to respond from the date the notification email was sent to the Potential Winner by the Sponsor.
(c) Winner Disqualification and Alternate Winner
If the Potential Winner does not respond to the email notification from the Sponsor within three (3) business days from the date the notification email was sent to the Potential Winner by the Sponsor, he/she may be disqualified and an alternate Potential Winner may be selected from among the other Sweepstakes entrants at the Sponsor’s sole discretion. If the Grand Prize, Second Place Prize or the Third Place Prize notification cannot be delivered or is returned as undeliverable, the Potential Winner forfeits the Grand Prize, Second Place Prize or Third Place Prize, respectively. In the event that any Potential Winner does not comply with these Official Rules or is otherwise disqualified for any reason, the Sponsor may award the Grand Prize, Second Place Prize or Third Place Prize to an alternate Potential Winner selected from among the other Sweepstakes entrants at the Sponsor’s sole discretion.
The Potential Winner who receives the Grand Prize is known as the “Grand Prize Winner”, the Potential Winner who receives the Second Place Prize is known as the “Second Place Prize Winner” and the Potential Winner who receive the Third Place Prize is known as the “Third Place Prize Winner”. Collectively, prize winners are known as “Winners”.
(e) Expiry of Prizes
The Grand Prize Winner, Second Place Prize Winner and Third Place Prize Winner shall use the Grand Prize, Second Place Prize or Third Place Prize, respectively, WITHIN ONE CALENDAR YEAR from the date awarded to the Winner, after which, the Winner shall be automatically forfeited and Sponsor shall have no further liability or obligation to the Winner whatsoever.
7. General Conditions and Disclaimers:
(a) Applicable Laws, Waiver and Decision Binding
The Sweepstakes are subject to these Official Rules and all applicable federal, provincial, state and local laws. By entering this Sweepstakes, each entrant agrees to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes and to be bound by these Official Rules and by all decisions of the Sponsor, whose decisions are binding and final in all respects.
(b) Consequences of Accepting a Prize
By accepting a Prize, each Winner attests to the provisions stated in these Official Rules and compliance with these Official Rules. Acceptance of the Grand Prize, Second Place Prize or Third Place Prize constitutes the Winner’s permission for the Sponsor to use the Winner’s name, photograph, image, likeness, voice, biographical information, statement and/or hometown and province/state for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and release the Sponsor from all claims arising out of the use thereof.
Entries that are entered by other than human means (such as by an automated computer program or any non-human method) or that are mechanically duplicated, late, destroyed, incomplete, lost, misdirected, forged, damaged, tampered with, or Entries that are otherwise not in compliance with these Official Rules (whether due to the fault of the Sweepstakes entrant, Sponsor, or any other Sweepstakes Entity), and all such Entries will be disqualified.
If for any reason the Sweepstakes are not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the Entry process, operation of the Sweepstakes or web site, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winners from all eligible Entries received prior to the cancellation or termination.
(d) Waiver of Liability
The Sweepstakes Entities are not responsible or liable for multiple Entries in excess of the stated limit. The Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of any website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes. Any person attempting to defraud Sponsor or tamper with the Sweepstakes in any way will be prosecuted to the full extent permitted by law and will not be eligible for the Prizes.
Each entrant, including Potential Winners and Winners, agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from use of any Entries or participation in the Sweepstakes.
Should any term, paragraph or section of these Official Rules be deemed void, unenforceable or contrary to law, such term, paragraph or section shall, but only to the extent necessary to bring such term, paragraph or section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if they had not included the severed term, paragraph or section herein.
(g) Force Majeure
The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
8. Release From Liability of Sweepstakes Entities:
By participating, entrants, including Potential Winners and Winners, in the Sweepstakes agree that Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with the Sweepstakes (including, but not limited to, misprinted or typographical errors on the Sweepstakes promotional materials), including participation, acceptance/possession and/or use or misuse, and/or defect of the Prizes, even if caused by the negligence or misconduct of the Sponsor and/or Sweepstakes Entities. Entrants, including Potential Winners and Winners, hereby acknowledge that Sweepstakes Entities have neither 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 the Prizes.
Entrants, including Potential Winners and Winners, agree to indemnify and hold harmless the Sweepstakes Entities, including without limitation the Sponsor, Prize supplier and their respective parent companies, subsidiaries and affiliated companies, and each of them from and against any and all liability, damages, costs, legal fees (including legal fees on a solicitor and his own client basis), among other things, incurred with regard to any claim by any person(s) in connection with any and all of the rights and benefits conferred by the entrant, including Potential Winners and Winners, upon the Sweepstakes Entities in these Official Rules and for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
Entrants, including Potential Winners and Winners, also agree that the Sweepstakes Entities shall not be responsible for unauthorized intervention, online traffic/congestion, or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, interruption or inability to access or utilize the assets/tools designated for this Sweepstakes for any reason, or any combination thereof.
Entrants, including Potential Winners and Winners, further agree that the Sweepstakes Entities are not responsible or liable for any injury or damage to the entrant’s or third party’s computer and/or its contents, related to or resulting from any part of this Sweepstakes. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to:
(i) by any wrongful, negligent or unauthorized act or omission on the part of Sponsor or any of its agents, servants, employees or independent contractors;
(ii) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor; or
(iii) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parent companies, subsidiaries and affiliated companies.
(a) Governing Law
Any controversy or claim arising out of or relating to:
(a) the Sweepstakes (including without limitation, its administration or technical functionality);
(b) the awarding or redemption of the Grand Prize: and/or
(c) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation,
shall be governed by and construed in accordance with the substantive laws of the Province of Manitoba without giving effect to any choice of law or conflict of law rules.
(b) Dispute Mechanism
Any controversy or claim arising out of or relating to these Official Rules, their enforcement or interpretation shall be submitted to final and binding arbitration, to be held in Winnipeg, Manitoba, Canada, in accordance with The Arbitration Act (Manitoba) (the “Act”) or similar legislation then in force. Each entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action or court application. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
(c) Dispute Process
The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then in accordance with the Act. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.
(d) Dispute Expenses
The entrant shall be solely responsible for the arbitrator’s fees and the arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and legal fees and other expenses to the same extent as if the matter were being heard in court).
(e) Injunctive or Equitable Relief
Nothing in this paragraph shall affect the ability of Sponsor or any of its affiliates to seek from a court injunctive or equitable relief at any time.
(f) Limitation of Dispute Award
Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event legal fees; and, under no circumstances, will an entrant be entitled to awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased.
11. Official Rules/Names of Winners:
For a copy of these Official Rules or the name of the Winner, send a self-addressed, stamped envelope to: Scootaround, Super Bowl Sweepstakes “Rules” or Super Bowl Sweepstakes, “Name of Winner”, 1345 Waverley Street, Suite 302. Winnipeg, MB. R3T 5Y7. Canada.
© 2017 Scootaround, Inc. All rights reserved.