ESURANCE ZOMBIE 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.
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN THREE (3) BUSINESS DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR'S SOLE DISCRETION).
BY ENTERING THE 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.
1. Eligibility: The Esurance Zombie Sweepstakes (the "Sweepstakes") is sponsored by Esurance Insurance Services, Inc., 650 Davis St., San Francisco, California 94111-1922 ("Esurance" or "Sponsor"), and is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia, excluding New York, who are at least eighteen (18) years of age at the time of entry. 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. Agreement to Official Rules: By participating in the Sweepstakes, you fully and unconditionally agree to these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes. Whether a potential winner receives any applicable prize is contingent upon fulfilling all requirements set forth herein.
3. Sweepstakes Period: The "Sweepstakes Period" begins at 12:00 p.m. Pacific Time ("PT") on September 3, 2013 and ends at 12:00 p.m. PT on September 30, 2013. This Sweepstakes consists of four (4) independent weekly sweepstakes (each a "Weekly Sweepstakes"). Entry for the first Weekly Sweepstakes begins at 12:00 p.m. PT on September 3, 2013 and ends at 12:00 p.m. on September 9. Entry for the second Weekly Sweepstakes begins at 12:00 p.m. PT on September 9, 2013 and ends at 12:00 p.m. on September 16. Entry for the third Weekly Sweepstakes begins at 12:00 p.m. PT on September 16, 2013 and ends at 12:00 p.m. on September 23. Entry for the fourth Weekly Sweepstakes begins at 12:00 p.m. PT on September 23, 2013 and ends at 12:00 p.m. on September 30. Non-winning entries for any Weekly Sweepstakes do not roll over into subsequent Weekly Sweepstakes. All eligible Entries received during the Sweepstakes Period shall constitute an entry for the Grand Prize.
5. Prize Winner Selection & Notification: Sponsor shall select or cause to be selected: (a) twenty-five (25) potential Weekly Sweepstakes Prize Winners (approximately 3 to 4 winners per day for a total of one hundred (100) potential Weekly Sweepstakes Prize Winners throughout the Sweepstakes Period) by random drawing from all eligible Entries received during the Weekly Sweepstakes Period. Such potential Weekly Sweepstakes Prize Winners will be notified via email on the day they have been selected as a potential Weekly Sweepstakes Prize Winner, subject to verification. And (b) one (1) potential "Grand Prize Winner", by random drawing from all eligible Entries received during the Sweepstakes Period on or about September 30, 2013. All drawings will be conducted by a Sponsor designee, whose decisions regarding the random drawing will be final. The Grand Prize winner will be notified that he/she may have won a prize via phone or email (a "Winner Notification"). Except where prohibited, as a condition of entering the Sweepstakes, Sponsor may require the winner to complete, execute, have notarized (if applicable) and return an Affidavit of Eligibility, Mutually Agreeable Liability Release, a Publicity Release, where imposing such condition is legal, and any required tax documents (collectively, the "Affidavit") within three (3) business days (which may require providing winner's Social Security Number for tax purposes), or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor's sole discretion. The Affidavit is subject to verification by Sponsor.
It is each entrant's sole responsibility to provide a valid, current email address with his or her Entry. If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if the winner cannot attend or participate in any portion of the prize, if the winner or potential winner fails to comply with these Official Rules, or if a potential winner fails to respond to a Winner Notification and/or to sign and return the Affidavit within the time periods set forth herein, 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 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. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner. If legitimately claimed, 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, winner must follow the directions in his or her Winner Notification.
6. Prize / Odds: One hundred (100) Weekly Sweepstakes Prizes: Subject to verification, the Weekly Sweeptakes Prize consists soley of a Standard Road Warrior Emergency Kit containing any or all of the following items: Reflecting Safety Triangle; Folding Snow Shovel; Jumper Cables (12'); Flat Tire Fixer; Tow Rope; First-Aid Kit (34 piece); High-Visibility Yellow Highway Blanket; Safety Vest; Distress Banner; Utility Knife; 14-in-1 Pocket Tool; Heavy Duty Work Gloves; Duct Tape (10 Yards); Ice Scraper with Glove; Flashlight with 2 "D" Alkaline Batteries; Emergency Survival Blanket; Waterproof Poncho; 12-Hour Lightstick; Hand Warmer (x2); zombie survival book.
ARV of each Road Warrior Emergency Kit: $80
One (1) Grand Prize: Subject to verification, the Grand Prize consists soley of: (a) entrance to Zombie Camp in or around Portland, Oregon on or about October 23, 2013, (b) a two-night stay at a hotel at or around the Zombie Camp, and (c) a $2,000 stipend to be used towards travel and other expenses.
ARV of the Grand Prize: $2,602
Total ARV of all prizes: $9,602
Odds of winning depend upon number of eligible entries received.
Additional Prize Information: Sponsor is not responsible for and winner will not receive the difference 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. The Grand Prize Winner must be able to go to Zombie Camp or the prize in its entirety may be forfeited and (time permitting) an alternate randomly selected winner chosen. Failure to use any portion of the prize does not relieve the winner of his/her tax obligations associated with winning those portions of the prize. All prize details not specified herein will be made and determined in Sponsor's sole discretion. Winner is solely responsible for booking and paying for necessary travel and for ground transportation using the stipend amount or otherwise. Winner may be required to provide a credit card at time of hotel check-in to cover hotel incidentals. By entering this Sweepstakes and accepting the prize, the winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes or prize-related activity. The winner understands and agrees that Sponsor or prize providers have the right, in their sole discretion, to disqualify and remove the winner from any activity at any time if the winner's behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to the prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. All meals, gratuities, in-room charges, travel expenses, travel and other insurance, government charges, transfers, ground transportation, taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of a prize are the sole responsibility of the winner.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. If a 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. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor's sole discretion.
Sponsor reserves the right to substitute the stated prize or any portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Prize will only be mailed or otherwise provided to the verified winners' address in one (1) of the fifty (50) United States or the District of Columbia, excluding New York, except in Sponsor's sole discretion.
7. Licenses and Approvals: You may not submit an Entry on behalf of someone else. By submitting an Entry, you represent and warrant that you meet all eligibility criteria for participation in this Sweepstakes as set forth in these Official Rules. In addition, by submitting an Entry 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, 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 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. Nothing contained in these Official Rules obligates the Sweepstakes Entities to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS THE 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.
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, e-mail, 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 e-mail account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify an entrant, if his or her e-mail address, 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 Sponsor blog that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the Sponsor blog 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, 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. Sponsor may rescind any Entry found to contain such errors or failures without liability at Sponsors' sole discretion.
As a condition of participating in this Sweepstakes, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, 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, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. THE 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. 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 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 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, 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.
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. 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, 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 winner's name or other information or content may have been shown or announced on the Web Site or elsewhere. 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. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant who enters using the Application, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the Application 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. 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 or she is the authorized account holder of the applicable e-mail address. 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 Sponsor blog will be the responsibility of the entrant. 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 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 Zombie Sweepstakes", ATTN: Official Rules (or Winner's List) Request, 650 Davis Street, San Francisco, CA 94111. Rules requests must be received no later than September 26, 2013 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.