Esurance 2017 Quotes for a Cure Promotion Terms and Conditions
NO PURCHASE NECESSARY TO ENTER. NOT OPEN TO RESIDENTS OF ALABAMA, ALASKA, COLORADO, CONNECTICUT, DELAWARE, THE DISTRICT OF COLUMBIA, HAWAII, MASSACHUSETTS, MONTANA, NEW HAMPSHIRE, NEW MEXICO, NORTH CAROLINA, NORTH DAKOTA, OREGON, VERMONT AND WYOMING. VOID WHERE PROHIBITED BY LAW.
1. PROMOTION DESCRIPTION: The Esurance 2017 Quotes for a Cure Promotion (the "Promotion") begins on August 1, 2017 at 12:00:01 a.m. Pacific Time and ends August 31, 2017, at 11:59:59 p.m. Pacific Time (together, the "Quoting Period"). This promotion is not open to residents of Alabama, Alaska, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Massachusetts, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, Vermont, and Wyoming (the "Excluded States"). For every insurance quote request completed by an eligible participant as described herein ("Quote Request"), Esurance Insurance Services, Inc. ("Sponsor") will donate ten dollars ($10.00) to the Buster and Kristen Posey Fund ("Charity"), up to a total of one hundred and fifty thousand dollars ($150,000.00) (the "Quote Donation"). By participating in this Promotion, each participant unconditionally accepts and agrees to abide by these Terms and Conditions and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is located at 650 Davis Street, San Francisco, California 94111.
2. ELIGIBILITY: Only legal residents of the United States who are not residents of the Excluded States and who are 18 years of age or older at the time of their Quote Request are eligible to participate in this promotion (each eligible participant, a "Participant"). Persons in any of the following categories are NOT eligible to participate in the Promotion: (a) persons who, on or after August 1, 2017, were or are directors, officers, employees or agents of Sponsor, Charity, or any parent, subsidiary, affiliate, franchisee, service agency or independent contractor of Sponsor or Charity; (b) individuals engaged in the design or execution of this Promotion or in the development, production or distribution of materials for this Promotion; and (c) persons who are immediate family members (defined as spouse or biological or step- mother, father, sister, brother, daughter, or son and each of their respective spouses, whether actual or purported) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories. Void outside the 35 eligible states and where prohibited.
4. PROMOTION SCHEDULE: On or about September 2, 2017, Sponsor will announce the total Quote Donation amount based on the number of eligible Quote Requests submitted. Sponsor's decisions are final and binding in all respects in determining the number of eligible Quote Requests and the amount of the Quote Donation. Note that it might be possible that the number of Quote Requests may exceed the number of quotes corresponding to the maximum total Quote Donation amount prior to the end of the Quoting Period. In such case, the Sponsor, in its sole and absolute discretion, may end the Promotion prior to the end of the Quoting Period or may elect to increase the maximum total Quote Donation to Charity. Sponsor also reserves the right to give a larger Quote Donation to Charity than the amount raised pursuant to the terms of this Promotion.
5. QUOTE DONATION RESTRICTIONS: The Quote Donation will be awarded to Charity within 90 days of the announcement date as outlined in Section 4 above. Charity shall be solely responsible for all federal, state and/or local taxes related to receiving the Quote Donation. All Quote Requests are subject to verification by Sponsor.
6. GENERAL CONDITIONS OF PARTICIPATION: All federal, state and local laws and regulations apply. By participating in the Promotion, a participant (or his/her parent or legal guardian, if participant is considered a minor in his/her state of residence) agrees that Sponsor and each of its affiliates, subsidiaries and advertising/promotional agencies, and all of their respective directors, officers, employees, representatives and agents (collectively, the "Promotion Entities"), shall not be responsible or liable for any losses, damages or injuries of any kind resulting from or in connection with participation in the Promotion, or from acceptance, receipt, possession and/or use or misuse of Quote Donation. Promotion Entities are not responsible for: (i) electronic transmissions or submissions that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, Quote Requests; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to any participant's or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (iv) any Quote Requests submitted in a manner that is not expressly allowed under these Terms and Conditions; or (v) incorrect or inaccurate information, whether caused by a participant or by any of the equipment or programming associated with or utilized in the Promotion. All incomplete or nonconforming Quote Requests may be disqualified. In addition, Promotion Entities are not responsible for incomplete, illegible, misdirected, late, lost or damaged Quote Requests; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites or other connections; or other technological malfunctions/errors/failures of any kind; or for the incorrect or inaccurate capture of information or the failure to capture any information.
A. DISQUALIFICATION: It is the participant's responsibility to ensure that he/she has complied with the conditions contained in these Terms and Conditions. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Quote Request process or the operation of the Promotion; to be acting in violation of these Terms and Conditions; or to be acting with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person or entity. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to void all Quote Requests made through any robotic, automatic, mechanical, programmed or similar duplication method and to disqualify any individual using such a method. Sponsor shall have no liability for any participant notification that is not received by any participant for any reason. Sponsor assumes no responsibility for any damage to a participant's computer system sustained by accessing the Website or participating in the Promotion.
B. FORCE MAJEURE: Subject to any governmental approval that may be required, Sponsor reserves the right, without prior notice and at any time, to terminate the Promotion, in whole or in part, or modify or suspend the Promotion in any way if it determines, in its sole discretion, that the Promotion is impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the proper play, integrity and/or feasibility of the Promotion. Sponsor is not responsible for printing or typographical errors in any Promotion-related materials; for stolen, lost, late, misdirected, damaged, incomplete, or illegible Quote Requests; or for transactions that are processed late or incorrectly, or are lost due to computer or electronic malfunction. In the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend or terminate the Promotion. If the Promotion is terminated, in whole or in part, before the designated end date, Sponsor will determine the amount of the Quote Donation from all eligible, nonsuspect votes received as of the date/time of the event giving rise to the termination.
C. INVALIDITY: The invalidity or unenforceability of any provision of these 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 Terms and Conditions 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. Headings and captions are used in these Terms and Conditions solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Terms and Conditions or any provision hereof. These Terms and Conditions cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor.
D. DISPUTES: Except where prohibited, each participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California state court located in San Francisco, California, USA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs Incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will a participant be permitted to obtain awards for, and each participant hereby waives all rights to claim, indirect, punitive, incidental or consequential damages or other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Charity and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
E. RELEASE: Each participant agrees that Promotion Entities will have no liability whatsoever for, and shall be held harmless by the participant against, any and all liability, for any injuries, losses or damages of any kind, including death, to persons or property resulting in whole or in part, directly or indirectly, from participation in this Promotion.
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 SUCH ENTRANT. 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."
Sponsor: Esurance Insurance Services, Inc., 650 Davis Street, San Francisco, CA 94111.
Buster and Kristen Posey Fund name and rights are used with permission, which in no way constitutes an endorsement, expressed or implied, of any product, service, company or individual.