ESURANCE GIFT CARD SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
ENTRY VIA TWITTER ONLY AND TWITTER ACCOUNT AND INTERNET CONNECTION REQUIRED. "PROTECTED" TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INC. ("TWITTER").
WINNER MUST RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN FORTY-EIGHT (48) HOURS OR AS DIRECTED IN A NOTICE FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR'S SOLE DISCRETION). AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT INCLUDES, WITHOUT LIMITATION, GRANTS OF RIGHTS AND INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Esurance Twitter Sweepstakes is sponsored by Esurance Insurance Services, Inc., 650 Davis St., San Francisco, California 94111 ("Esurance" or "Sponsor"), and is open only to legal residents of the United States or the District of Columbia who are at least eighteen (18) years of age at the time of entry and 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 of Sponsor and its respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies (all such individuals and entities collectively referred to herein as the "Sweepstakes Entities"), and the family members and/or those residing in the same household of each are not eligible to enter the Sweepstakes or win a prize. 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 (including "step" as they may apply).
2. Sweepstakes Period:
The "Sweepstakes Period" begins at 1:00 p.m. Pacific Time ("PT") on February 13, 2014 and ends at 2:00 p.m. PT on February 13, 2014. Entries must be submitted and received during the Sweepstakes Period. Any entries received before or after such time will be void.
3. How to Enter:
NOTE ABOUT TWITTER:
Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Twitter for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices, or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner's responsibility to set his/her Account to accept contacts by Sponsor and to timely check his/her Account for Sponsor's direct messages.
5. Prize Winner Selection & Notification:
Sponsor shall select or cause to be selected two (2) potential "Prize Winners" by random drawing from all eligible Entries received during the Sweepstakes Period within twenty-four (24) hours of the end of the Sweepstakes Period. If a potential Prize Winner is chosen who completed the Registration but did not attend, an alternate winner will be chosen. The Prize Winners will be chosen by a randomization method from all Entries, and decisions regarding the random drawing will be final. The potential Prize Winners will be notified that they may have won a prize by an announcement on Twitter within twenty-four (24) hours of the end of the Sweepstakes Period. The potential Prize Winners must respond to a direct message from Sponsor to their Twitter account to redeem Prize ("Unofficial Winner Notification").
If any Unofficial Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Prize Winner cannot be reached after the reasonable attempt as defined above has been made by Sponsor (as determined by Sponsor in its sole discretion), if the Prize Winner cannot attend or participate in any portion of the prize, if a Prize Winner fails to comply with these Official Rules, or if a Prize Winner fails to respond to a Unofficial Winner Notification, the prize will be forfeited in Sponsor's sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor's sole discretion. Sponsor may only look to five (5) alternate winners, at which point the prize may be deemed unclaimed and Sponsor will have no further obligation with respect to the prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prize Winner. If legitimately claimed in compliance with these Official Rules, the prize will be awarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, Prize Winner must follow the directions in his or her Unofficial Winner Notification. The Prize Winner will be issued an IRS 1099 Tax Form for the stated value of the prize in January, 2015 following the receipt of prize. Upon the Unofficial Winner being verified as an Official Winner in the sole discretion of the Sponsor the Official Winner will be notified in person at the address provided to the Sponsor on the Affidavit and as further defined below in Section 6: Prize/Odds below. Official Winner Notification date(s) may be adjusted to accommodate travel arrangements and scheduling conflicts.
6. Prize / Odds:
Prize: Subject to verification, each Prize Winner will win an Amazon gift card with a value of $100.
Odds of winning depend upon number of eligible entries received.
Additional Prize Information: Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption, and any liability and publicity which might arise from claiming or seeking to claim said prize. Sponsor will not replace any lost, mutilated, or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. No transfers or prize substitutions will be made, except at Sponsor's sole discretion.
No more than the stated prize will be awarded. Prize will only be provided to the Prize Winner in one (1) of the fifty (50) contiguous United States or the District of Columbia.
7. Licenses and Approvals:
By submitting an Entry and participating in this Sweepstakes, you grant the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit your name, voice, persona, likeness, image, home address, prize information, any quotes attributable to you, biographical data, and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with advertising and/or publicity purposes in connection with this Sweepstakes including but not limited to participation in awarding of the prize which may occur at your legal residence as noted within these Official Rules, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification, or permission, except where prohibited by law, and each entrant releases all Releasees (defined below) from any and all liability related thereto. The license and rights granted by you may include, without limitation, on-location or studio-based on-air camera appearances, and any photographs, videos or other materials you provide to the Sponsor. Nothing contained in these Official Rules obligates the Sweepstakes Entities to make use of any of the rights granted herein and Prize Winner waives any right to inspect or approve any such use. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS THE PRIZE WINNER, YOUR IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO YOUR NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST AS WELL AS USED IN ANY AND ALL MEDIA AT THE DISCRETION OF THE SPONSOR AS A PART OF PARTICIPATING IN THE PROMOTION AND THE OFFICIAL WINNER NOTIFICATION.
8. Limitation of Liability:
The Releasees (as defined herein) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, email, mail, Sweepstakes-related correspondence, or postage-due mail or any technical, computer, mechanical, printing, typographical, human, or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of the prize, or in any Sweepstakes related materials; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur in the administration of the Sweepstakes, or the processing of Entries; (f) postage-due winner documentation; (g) any error, omission, interruption, defect, or delay in transmission or communication; (h) viruses or technical or mechanical malfunctions; (i) interrupted or unavailable cable or satellite systems; (j) errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; or (k) lost or unavailable network connections. Sweepstakes Entities 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 account to receive email messages. Sweepstakes Entities are not responsible, and may disqualify an entrant, if his or her Twitter account, telephone, or other contact information does not work or if it is changed without entrant giving prior written notice to Sponsor. Releasees are not responsible for any changes or unavailability of the Twitter Platform that may interfere with the Sweepstakes 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. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed, corrupted, or for any other reason not accepted as an entry into the Sweepstakes, your sole remedy is another Entry in the Sweepstakes during the Sweepstakes Period.
As a condition of participating in this Sweepstakes, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, TWITTER, INC., AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, PUBLIC RELATIONS AND SWEEPSTAKES AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF THE PRIZE, WHILE PREPARING FOR OR PARTICIPATING IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. THE PRIZE 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. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
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 ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. 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."
9. Additional Disclaimers:
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Prize Winner or any person claiming through such entrant or Prize Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees' operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute, or strike labor or material shortage, transportation interruption of any kind, 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.
10. Disputes and Governing Law:
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN THE ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
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 its conflicts of law principles. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state and federal courts located in San Francisco, 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 from or relating to this Sweepstakes or these Official Rules.
11. General Rules:
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor's decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prize. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. 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 Prize Winner or potential Prize Winner is disqualified, ineligible, or 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 in its sole discretion to select an alternate winner, even if the disqualified potential Prize Winner's name or other information or content may have been shown or announced on the Website or elsewhere. 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 participant will be declared to be the registered account holder of the Account of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential prize won will be forfeited in Sponsor's sole discretion. Potential Prize Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor's satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor's sole discretion. Any damage made to the Website or the Twitter service will be the responsibility of the registered account holder of the e-mail address for the Twitter Account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
12. Official Rules and Winner's List:
For a copy of these Official Rules or any legally required list of Winners, send a self-addressed, stamped, #10 business envelope to "Esurance Gift Card Sweepstakes," ATTN: Official Rules (or Winner's List) Request, 650 Davis Street, San Francisco, CA 94111. Rules requests must be received no later than February 20, 2014, and winner's list request must be received within two (2) months of the end of the Sweepstakes Period. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. Vermont residents may omit return postage for rules request.