Michelin Mining Sweepstakes Official Rules
1) NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BUYING WILL NOT HELP YOU WIN. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. THE SWEEPSTAKES IS OPEN ONLY TO CITIZENS AND LEGAL RESIDENTS OF THE UNITED STATES, EXCLUDING NEW YORK AND FLORIDA, WHO ARE AT LEAST 18 YEARS OLD AT TIME OF ENTRY. A CURRENT VALID EMAIL ADDRESS IS NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Sweepstakes (defined below) is governed by these Official Rules, Terms and Conditions (collectively, the "Official Rules"). The words "you," "your," "entrant" and "participant" as used herein refer to the natural person entering the Sweepstakes. The Sweepstakes is subject to all federal, state, provincial and local laws and regulations and is void outside the U.S., in Florida and New York, and where prohibited by law. Sponsor reserves the right, in its sole discretion, to amend or modify these Official Rules, or modify, cancel or suspend this Sweepstakes, without prior notice, for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of Sponsor corrupts, or threatens to corrupt the security or proper administration of the Sweepstakes.
2) SWEEPSTAKES DESCRIPTION AND PERIOD: Sign up to become a Michelin Mining Insider and get Industry tips for a chance to win one of three (3) prizes: The Grand Prize is a Yeti Tundra 45 cooler and the Second and Third prizes are a Michelin XD3 Earhart Backpacks. The Michelin Mining Sweepstakes begins on MARCH 4th 2019 at 11:59:00 pm EST and ends on MARCH 29, 2019 at 11:59:59 pm EST (the "Promotion Period"). All entries submitted online, or by mail-in, must be received on MARCH 29, 2019 by 11:59 PM EST ("Sweepstakes Deadline"). Sponsor's (or its representative's) clock is the official time keeping device for the Sweepstakes.
All prizes are subject to compliance with these Official Rules. By entering this Sweepstakes, each entrant gives their express permission for Michelin North America, Inc. to contact him/her by telephone, email and/or postal mail for Sweepstakes purposes only. In addition, entrants will be given the ability to opt-in to receive future email, updates, offers and promotional materials from Michelin North America, Inc.; however, eligibility to participate in the Sweepstakes is not dependent upon entrant's consent to receive such emails and consenting to receive such emails does not impact entrant's chances of winning. Only entrants who opt-in will receive such offers. If you opt-in to receive such offers and in the future would prefer not to receive contest mailings from us or have the entrant's name removed from the mailing list for the Sweepstakes please write to Michelin North America, Inc. Attn B2B Marketing Nathalie Baulain, 1 Parkway South, Greenville SC 29615 or utilize the "unsubscribe" link in emails.
3) SPONSOR: This Sweepstakes is sponsored by Michelin North America, Inc. 1 Parkway South, Greenville SC 29615.
4) ELIGIBILITY: VOID OUTSIDE THE UNITED STATES; VOID IN FLORIDA, NEW YORK AND WHERE PROHIBITED BY LAW. With the exception of Florida and New York, the Sweepstakes is open only to citizens of the United States. To be eligible for the Sweepstakes, an individual must: (i) successfully enter the Sweepstakes, the process of entry being described below; (ii) be at least 18 years of age or older or the age of majority in entrant's state, on the date of entry submission, with a valid email address; (iii) be a legal U.S. resident; and (iv) not be an employee (full-time or part-time),officer, director, representative or agent of Michelin North America, Inc. ("Sponsor") and those entities involved in the preparation of materials and/or administration of this Sweepstakes (collectively with Sponsor are referred to herein as the "Sweepstakes Entities"), and their immediate family members and those living in the same household as such individuals (whether or not related). The term "immediate family" includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws," or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. All entries not strictly meeting the criteria set forth in these Official Rules are disqualified. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final, binding and not disputable in all matters related to the Sweepstakes.
5) HOW TO ENTER AND REQUIREMENTS FOR PARTICIPATION: To enter, during the Promotion Period, Visit the @MichelinTruck Facebook post or through our sponsored Facebook post to enter the Michelin Mining Sweepstakes. Please note that Sweepstakes entrants must provide Name, email, industry, zip code information and meet the eligibility requirements as outlined in these Official Rules and HAVE YOUR ENTRY RECEIVED BY THE SWEEPSTAKES DEADLINE (as defined above).
Enter using only an email address subscribed to and registered in your name. Entries are limited to one (1) entry per person and/or email address, regardless of the method of entry will be allowed. In the event of a dispute about entries submitted by multiple individuals using the same email, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry. The authorized email account subscriber is deemed to be the natural person who is assigned an email address by an Internet-access provider, online-service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Multiple entries per person/email address account in excess of the stated entry limits or any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, sweepstakes-entry services) are prohibited and will void all entries by that entrant. Proof that you submitted an entry is not proof of its receipt by Sponsor. Once submitted, entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned.
Entrants may also enter by printing their name, email address, state on a postcard and mailing it to Michelin North America, Inc. Attn: B2B Marketing Nathalie Baulain, 1 Parkway South, Greenville SC 29615 ("Mail Entry"). Each Mail Entry must be sent separately. All Mail Entries must be received by Sponsor no later than MARCH 29, 2019.
Sponsor is not responsible for transactions or entries that are lost for any reason (including technical difficulty, network failure, omission), incomplete, inaccurate, interrupted, stolen, deleted, delayed, garbled, mutilated, damaged, illegible, late or misdirected or that are processed, reported undeliverable or transmitted incorrectly; or for printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or for other errors or problems of any kind whether mechanical, technical, human, telephonic, network, wireless or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize, the inability to access any web site associated with this promotion or process any transaction thereon or for inaccurate transmissions or failure to receive entry information on account of technical problems, traffic congestions on the Internet or any combination thereof. Any such entries will be void. Sponsor is not responsible for user cheating or fraud by any entrant and any activities indented to disrupt or interfere with the proper play of the Sweepstakes or defraud Sponsor in any way will be prosecuted to the fullest extent of the law.
If you participate by accessing the URL through a mobile device, based upon your mobile carrier, data rates may apply. Please check with your carrier to determine if you will incur charges before participating in this Sweepstakes. To participate in the Sweepstakes you do not have to access the URL through a mobile device.
6) PRIZES/ODDS/TAXES: There are a total of three (3) prizes available to be won as follows: The Grand Prize Winner will receive a Yeti Tundra 45 cooler, approximate retail value or "ARV" of $299.99. The Second and Third Prize Winners will each receive a Michelin XD3 Earhart Backpack, approximate retail value or "ARV" of $115.99. The total approximate retail value ("ARV") of all prizes offered in this sweepstakes: $531 USD.
Odds of Winning Prize(s): The odds of winning depend upon the total number of eligible entries received.
Sponsor bears no responsibility if any event, element or detail of a Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of a Prize become unavailable, the Sponsor shall have no obligation to the Prize Winners. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prized is unavailable at the time of the award.
Taxes and Other Expense: Sweepstakes Prize Winners will be solely responsible for any federal, state, and local taxes, fees and/or any other expenses and costs associated with or imposed on the Prize. By entering, each entrant agrees that, if selected as a Winner, he/she will provide Sponsor with all information required for Sponsor to complete the appropriate tax forms and related documents (if any), including, without limitation a W-9 form.
Prizes are non-assignable and non-transferable. The Prizes must be accepted as awarded and have NO CASH VALUE and no cash alternative or prize substitutions will be allowed or awarded, except Sponsor reserves the right to substitute a prize of equal or greater value. Prizes will only be awarded and delivered to addresses within the eligible locations within the United States, excluding New York and Florida. Failure to comply with the Official Rules will result in forfeiture of the prize.
7) WINNER REQUIREMENTS: The Winner will be required to provide proof that he/she is in compliance with the requirements for winning the Prize, and is a legal resident of his/her state, that he/she has reached the age of majority and that he/she has proof of identity and verification of citizenship. Sponsor will be the sole arbiter as to the sufficiency of said proof. Except for where prohibited by law, the Winner will be required to: (ii) comply with all Official Rules; and (iii) execute and return a declaration of eligibility, in the form presented by Sponsor, within the time specified by the Sponsor attesting that he/she has met the eligibility requirements. Entry constitutes acceptance of these Official Rules. Failure to comply with any of the Official Rules or procedures set forth herein will result in disqualification from Sweepstakes, forfeiture of prizes and an alternate Winner may be selected.
8) DRAWINGS/ WINNER NOTIFICATION: At 12:00 PM EST on April 5th 2019, a random drawing will be held by Sponsor (or its authorized representative) via random selection from all eligible entries received during the Promotion Period, to select 1 Grand Prize winner, 1 Second Prize Winner, and 1 Third Prize Winner. Potential prize winners will be notified by Sponsor within ten (10) business days of the drawing by email at the email address provided at time of entry and provided instructions to follow to claim their Prize. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or the potential winner's failure to adequately monitor any email account. All notifications will provide the potential winners with instructions on how to electronically submit their contact information to allow Sponsor (or Sponsor's representative) to verify their eligibility and prize-winning status. Each potential prize winner must follow the instructions to provide the required information within forty-eight (48) hours of notification, or the prize may be forfeited and an alternate potential winner selected through another random drawing from among all eligible entries. Upon receipt of a Prize Winner's claim and all required documentation, the Prize will be delivered to the Prize Winner no later than sixty (60) days after the date of the Winner Selection.
If a Winner is ineligible, fails to respond within the deadline, or if the prize or prize notification is returned as undeliverable, the prize will be forfeited and an Alternate Winner selected. Each entrant agrees that Sponsor has the sole right, authority and discretion to determine the Winner of the Sweepstakes and to resolve all matters or disputes arising from the Sweepstakes and that Sponsor's determination is final and binding.
In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated prize pursuant to a random drawing among all eligible entrants or as otherwise deemed fair and equitable by Sponsor.
9) WINNER LIST: To obtain the names of the Winners, send an email to firstname.lastname@example.org with subject line: Michelin Mining Winners List by May 6th 2019.
10) PUBLICITY: By entering the Sweepstakes, each entrant has the option to grant permission to Sponsor and its agents, designees, and licensees, without further compensation, to the use of the entrant's name, voice, photograph/likeness and any other information provided in entrant's entry for advertising and promotional purposes, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet), except where prohibited by law. Upon request and after selection of winners, each winner will be asked to provide Sponsor consent to such in writing. The winners do not have to provide such consent and Sponsor will not and cannot disqualify a winner if that winner withholds the requested consent.
11) GOVERNING LAW/JURISDICTION/DISPUTES: this sweepstakes is governed by the laws of the United States and the state of South Carolina without respect to conflict of law doctrines. As a condition of entry and participation, except where prohibited by law, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel which shall be located in Greenville, South Carolina, having jurisdiction.
12) RELEASE, INDEMNIFICATION AND LIMITATIONS OF LIABILITY: BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND CONTEST AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (the "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, COSTS, DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE), INJURY, LIABILITY, LAWSUITS, LOSSES, AND COMPENSATION, INCLUDING ATTORNEYS' AND OTHER LEGAL FEES, CHARGES OR EXPENSES, WHETHER FOR INJURY TO PERSON (INCLUDING DEATH AND INTENTIONAL TORTS), DAMAGE TO PROPERTY OR OTHERWISE, MADE AGAINST OR SUFFERED OR INCURRED BY ANY OF THE RELEASED PARTIES AS THE RESULT OF OR ARISING OUT OF ENTRANT'S (I) ENTRY, PARTICIPATION IN OR USE OF CONTEST OR ANY CONTEST ACTIVITIES; (II) ACCEPTANCE, DELIVERY, POSSESSION, USE OR MISUSE OF A PRIZE; (III) PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR ANY ELEMENTS THEREOF; OR (IV) ACCESS TO OR USE OF (OR FAILURE TO ACCESS OR USE) THE CONTEST WEBSITE, DOWNLOADS FROM THE WEBSITE OR PRINTING OF MATERIAL FROM CONTEST WEBSITE.
To the fullest extent permitted by law, entrants and Winners 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 Contest Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.
13) INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are the property of Sponsor or their respective owners. All rights reserved. Unauthorized copying or use of any of the Sponsor's intellectual property without the express written consent of the Sponsor is strictly prohibited.
15) SOCIAL NETWORK DISCLAIMER:
An Instagram account is required to enter. If you don't already have an Instagram account, visit www.instagram.com to create one; it is free to create an account. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram and you agree to a complete release of Instagram as a condition of your entry in the Sweepstakes.
ABBREVIATED RULES: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. You have no yet won. With the exception of Florida and New York, the Sweepstakes is open only to citizens of the United States who are 18 years old or at time of entry. Entries must be received between MARCH 4, 2019 at 11:59:00 pm EST and MARCH 29, 2019 at 11:59:59 pm EST. Enter on the @MichelinTruck Facebook page; Grand Prize is a Yeti Tundra 45 cooler; Second and Third Prizes are each a Michelin XD3 Earhart Backpack. The odds of winning depend upon the total number of eligible entries received. Each eligible winner must sign declarations, waiver/releases, and/or other documentation as required by Sponsor. Participants must provide a valid email address. This Sweepstakes is presented by Michelin North America, Inc., One Parkway South, Greenville, South Carolina 29615. Full rules and entry details available at: https://www.michelintruck.com/sweepstakes