Esurance Summer Gas Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN THREE (3) DAYS OR AS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR'S SOLE DISCRETION).
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY GASBUDDY. INTERNET CONNECTION IS REQUIRED FOR ENTRY.
BY ENTERING THIS SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES WHICH ARE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Esurance Summer Gas Giveaway (the "Sweepstakes") is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age and the age of majority in their state of residence. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor or its corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies (collectively, with Sponsor, the "Sweepstakes Entities") are not eligible. For the purposes of this Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these official rules and the decisions of Sponsor.
The "Promotion Period" begins on July 7, 2014 at 12:00 a.m. Pacific Time ("PT") and ends at 11:59 p.m. PT on August 3, 2014.
For purpose of the Sweepstakes, the "Sweepstakes Period" is comprised of: (1) twenty-eight (28) daily entry periods for the Daily Prize, the first beginning on July 7 at 12:00 a.m. PT ending July 7 at 11:59 p.m. PT, the second beginning July 8 at 12:00 a.m. PT ending July 8 at 11:59 p.m. PT and so forth ending August 3 at 11:59 p.m. PT (each a "Daily Entry Period"), and (2) one (1) Grand Prize entry period which spans the Promotion Period. Non-winning Daily Prize Sweepstakes entries will not be rolled over into subsequent Daily Entry Periods. If you have won the Daily Prize you will be ineligible for further Daily Prizes, but subsequent daily entries will be eligible for a Grand Prize.
Limit one (1) entry per person, per email address, per day. To participate and enter this Sweepstakes, individuals will need to visit www.fuelcaster.com and request a gas price prediction then follow on screen directions which may include filling out a submission form with your email address and other necessary information and then clicking on "submit" or similar button (an "Entry").
A total of one hundred forty (140) Daily Prize winners and five (5) Grand Prize winners, subject to verification and compliance with these Official Rules, will be selected throughout the Promotion Period in a random drawing from among all eligible entries received by Sponsor, and as set forth in more detail below.
NOTE ABOUT MOBILE: If you opt to enter the Sweepstakes via your wireless mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you will be charged for data usage from your mobile device according to the terms in your wireless service provider's data plan.
Subsequent attempts made by the same individual to submit entries by using multiple or false contact information may be disqualified in Sponsor's sole discretion. Receipt of entries will not be acknowledged. Mechanical reproductions, incomplete, misdirected, late, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries made by any other individual or any entity, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and its representative to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.
ODDS AND WINNER SELECTION/NOTIFICATION:
Odds of winning will depend upon the total number of eligible Entries received.
Drawings will be conducted by Sponsor's designated representative for the Daily Prize, whose decisions regarding the random drawing will be final, on or about 12:00 p.m. PT on each business day (Monday - Friday) of July 8 - August 4 for the Daily Prizes. Drawings for Daily Prize winners for Friday and Saturday throughout the Promotion Period will occur on the immediately following Monday. (For the avoidance of doubt, three Daily Prize winners will be notified on Monday, namely the Daily Prize winners for Friday, Saturday and Sunday).
A drawing will be conducted by Sponsor's designated representative for the Grand Prize winners, whose decisions regarding the random drawing will be final, on or about 12:00 p.m. on August 5, 2014.
Sponsor or its designee will attempt to notify potential winners that they may have won a prize via email by the close of business on the day of the drawing. Potential winners must respond within three (3) days or as according to the instructions in the notification, or prize and any further participation may be forfeited in Sponsor's sole discretion.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE ("ARV"):
One hundred forty (140) Daily Prize winners will each receive, a one hundred dollar ($100) gas card (the "Daily Prize").
Five (5) Grand Prize winners will each receive a $1,000 gas card (the "Grand Prize").
ARV of all prizes: Up to $19,000
All prize elements will be mailed to the verified winner's address in one of the 50 US or DC. Once Sponsor has received confirmation of delivery from the deliverer that the prize has been delivered to the winner's address Sponsor is no longer responsible or liable to the prize winner for any claim arising out of the prize, including, but not limited to, a claim that the prize was not delivered, is defective or not applicable to the winner. If any prize, prize notification or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification's or Sponsor's instructions, that potential winner may be disqualified and an alternate potential winner may be selected (time permitting) based on the original method of winner selection in Sponsor's sole discretion. Sponsor may only look to three (3) alternate winners for a particular prize, at which point that prize may be deemed unclaimed and Sponsor will have no further obligation with respect to that prize. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, winner must follow the directions in his or her notification.
All prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor's sole discretion. If for any reason any prize related event is delayed, cancelled or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes in its sole discretion and may award a substitute prize of equal or greater value. Grand Prize Winner agrees to complete, sign, have notarized and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor.
LIMITATION OF LIABILITY:
EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY "RELEASED PARTIES") FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE OR MISUSE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR PARTICIPATING ELIGIBLE COUNTRY ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE SPONSOR AND RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive email messages. Released Parties are not responsible, and may disqualify an entrant, if his or her email address, telephone or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of www.fuelcaster.com or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties' operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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 law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
By entering the Sweepstakes, (except where prohibited by law) each entrant grants the Sweepstakes Entities, the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties' sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. Sponsor's decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor's sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the registered account holder of the e-mail address associated with the potentially winning Entry, but only if that person meets all other eligibility criteria A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Twitter account for the potentially winning Entry Tweet. If a dispute cannot be resolved to Sponsor's satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any dispute that cannot be resolved between the entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to conflicts of law principles. Any legal actions, suits or proceedings related to this Sweepstakes will be brought exclusively in the state or federal courts located in San Francisco County, California and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
WINNER'S LIST/OFFICIAL RULES:
For the names of the winners a copy of these Official Rules send a legal-size, self-addressed, stamped envelope to: Esurance Summer Gas Giveaway c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Requests must be received no later than two (2) months following the end of the Sweepstakes Period. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests. SPONSOR: Esurance Insurance Services, Inc., 650 Davis St., San Francisco, CA 94111.