6 (1 to each winner) Prime Shine 3 month Unlimited Wash Memberships ($89.85 .... an Internet access provider, online ser
PRIME SHINE’S “Where Does Clean Take You?” Facebook & Instagram PHOTO CONTEST OFFICIAL RULES AND REGULATIONS The “Where Does Clean Take You?” Facebook & Instagram Photo Contest is intended for viewing and participation in Stanislaus, Merced and San Joaquin Counties, California, and is subject to California law. You may not enter if you are not a legal resident of, and not located in, Stanislaus, Merced and/or San Joaquin Counties, California at the time of entry. VOID WHERE PROHIBITED BY LAW. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Simply “LIKE” Prime Shine’s Facebook page OR “Follow” our Instagram and post a photo depicting where a clean car takes you with the #WhereDoesCleanTakeYou. The photo with the most likes on the last day of the month in which it was submitted wins a Prime Shine 3 month Unlimited Premier Wash Membership ($89.85 value). 1. PROMOTION PERIOD: The Promotion starts Monday, April 3, 2017 and continues through Saturday, September 30, 2017 at 11:59pm. Entries must be submitted during this period ("Promotion Period"). 2. ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of Stanislaus, Merced or San Joaquin Counties, California, be 21 years of age or older at the time of entry, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, during the Promotion Period, was or is a director, officer or employee of Prime Shine, Inc. ("Sponsor") or its affiliates or advertising and promotion agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion, and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/father, sister, brother, daughter, son or dependent or spouse of any of the foregoing individuals). Void outside Stanislaus, Merced or San Joaquin Counties, California and where prohibited by law. This Promotion is subject to all applicable federal, state and local laws. 3. HOW TO ENTER THE PROMOTION: “LIKE” Prime Shine’s Facebook page and post a photo and caption depicting where a clean car takes you on the Prime Shine Facebook Page, or in the comments of one of the Prime Shine Where Does Clean Take You Posts. Include the #WhereDoesCleanTakeYou. OR “Follow” our Instagram page and post a photo depicting where a
clean car takes you with the #WhereDoesCleanTakeYou. The photo with the most likes on the last day of the month in which it was submitted wins a Prime Shine 3 month Unlimited Premier Wash Membership ($89.85 value). If it is discovered that you have submitted an entry more than once or have attempted to enter multiple times using multiple identities or Facebook accounts, all of your entries will be declared null and void, and any prize you might have been entitled to will not be awarded. Each entry will be subject to Facebook’s Terms and Policies (found at www.Facebook.com), and must comply with the submission requirements set forth in more detail below. Entries may initially be screened by Sponsor for apparent compliance with these Official Rules. Sponsor’s decisions with respect to whether an entry complies with these Official Rules are final and binding and may be made by Sponsor at any time. Entries or entrants that do not meet the requirements set forth in these Official Rules may be automatically disqualified in the sole discretion of the Sponsor. 4. WINNER DETERMINATION: 6 winners with the highest amount of likes on their submitted photo will be selected from a list of qualified individuals that meet all requirements as described by regulation “3. HOW TO ENTER THE PROMOTION”. 5. PRIZES: The prizes available to be won are: 1. 6 (1 to each winner) Prime Shine 3 month Unlimited Wash Memberships ($89.85 Value) that allow Unlimited Prime Shine Washes for 3 months from date of pick-up at Prime Shine Headquarters (715 14th Street, Modesto, CA 95354). Odds of winning: 1. 1 in 1.4 million (Based on Stanislaus, San Joaquin and Merced county 2016 population information) Award Schedule: 1. 2. 3. 4. 5. 6.
April winner announced May 1, 2017 May winner announced June 1, 2017 June winner announced July 3, 2017 July winner announced August 1, 2017 August winner announced September 5, 2017 September winner announced October 2, 2017
Sponsor is not responsible for any change of email address or telephone number of entrants. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with
prize acceptance and use not specified herein as being provided are the winner’s responsibility, regardless of whether prize is used in whole or in part. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right to not award unclaimed prizes or to choose other winners. Winners may only win once during the promotional period. 6. HOW TO CLAIM YOUR PRIZE: Potential winners will be contacted via Facebook or Instagram private message approximately one day after the end of the Promotion Period, with instructions on how to claim their prize. If a Potential winner is found to be ineligible, or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a potential winner within five business days, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited. Potential winners may be required to furnish proof of identification. Before being declared a winner, you may be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release and a W9 form within five business days from the time it is postmarked as having been sent by Sponsor or its representative (including a valid Social Security number or tax identification number before the prize will be awarded, for tax reporting purposes), or the prize may be forfeited. Sponsor reserves the right (but shall be under no obligation) to conduct a drawing at the end of the Promotion Period to award any prizes that went un-awarded for any reason. Odds of winning a prize in the second chance drawing depend on the number of prizes that are not awarded, and the number of entrants. a. Car wash prizes will be shipped after Sponsor verifies every winner’s compliance with these Official Rules and entrant provides mailing address via email or Facebook private message. Sponsor and its agents and representatives shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners. 7. CONSENT TO USE OF LIKENESS IN PUBLICITY: By participating in promotion or accepting a prize, each entrant consents to the use of his/her name, address (city and state of residence), voice and statements relating to the Promotion or Sponsor, and photos/videos or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. If you are selected as a winner, your information may also be included in a publicly-available winner’s list. 8. CONDITIONS OF ENTRY: By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
9. LOST ENTRIES: Sponsor is not responsible for late, lost, damaged, stolen, misdirected, illegible or incomplete submissions of entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. 10. DISQUALIFICATION: Sponsor reserves the right to disqualify any entrant’s entry in the Promotion (and void all associated entries) or entitlement to a prize, if, in the sole discretion of Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed or any other automated means or any other means which subvert the entry process). 11. IDENTITY OF ENTRANT: If a dispute arises regarding who submitted an online entry via Facebook or Instagram, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and he/she must comply with these Official Rules. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address. 12. RELEASE OF SPONSOR’S LIABILITY; ARBITRATION: As a condition of entering, entrants agree to release Sponsor and its affiliates and their respective owners, officers, directors, members, agents, representatives, contractors, successors and assigns from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession and/or use or misuse of any prize or any travel related thereto. Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in Stanislaus, Merced or San Joaquin Counties, California, 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 California law consistent with applicable statutes of limitations. 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 prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES 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 PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OFPOCKET COSTS INCURRED (IF ANY); (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. 13. PROMOTION OPERATION: Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. In the event of cancellation, Sponsor reserves the right to select the winners from among all eligible, non-suspect entries received up to time of such cancellation. In no event will Sponsor be liable for more than the stated number of prizes available in the prize category in question. 14. COMMUNICATION PROBLEMS: Sponsor does not warrant that access to the Promotion will be uninterrupted. Sponsor and its agents and representatives are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites or other connection, or availability or accessibility problems arising in connection with or over the course of the Promotion; (b) communications failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures,
difficulties, printing errors, clerical, typographical or other errors in connection with the administration of the Promotion, the processing of mail or entries, the offering or announcement of any prize or in any prize notification documents; (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic or technical in nature; (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion. 15. WARNING: Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize won. 16. CONFLICTS OF TERMS: In the event of any conflict between any Promotion details contained in these Official Rules and Promotion details contained in other Promotion materials (including but not limited to point of sale, television and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail. 17. INVALID TERMS: 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. In particular, Sponsor’s employees, agents and representatives are not authorized to waive, modify or amend any provision of these Official Rules in any manner whatsoever. 18. SPONSOR: This Promotion is sponsored solely by Prime Shine, Inc., P.O. Box 3469, Modesto, CA 95353. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social media used in this promotion. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to any of the social media used in this promotion. 19. LIST OF WINNERS: For a list of the winners of prizes, send a self-addressed postage-stamped envelope to Sponsor at the address above within six months of the end of the Promotion Period. Winners list will be sent after all prizes have been awarded.
