“Gas Card” Sweepstakes Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The “Gas Card” Giveaway Sweepstakes (the “Sweepstakes”) starts at 11:15 a.m. CT on October 19, 2022 and ends at 11:59 p.m. CT on October 24, 2022 (the “Sweepstakes Period”). The Sweepstakes will be subject to these Official Rules, and by entering, all entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor. No purchase necessary to enter the Sweepstakes.
1) Eligibility: The Sweepstakes is open to legal residents of the 48 contiguous United States or the District of Columbia who are eighteen (18) or older or the age of majority in their state of residence, whichever is older, as of the first day of the Sweepstakes Period. Employees (and their immediate household or family members) of SpotHero, Inc. (“Sponsor”), and of any of its parent companies, affiliates or subsidiaries, and of any advertising agencies, prize providers, promotion and delivery contractors and/or public relations companies associated with the Sweepstakes, are not eligible to participate. Immediate family members include spouses, parents, siblings and children. Void where prohibited and outside the Sweepstakes Area.
2) How to Enter: There are two ways to enter. Entry Method #1: To enter via this method, the entrant must complete each of the following steps: (1) follow SpotHero’s Instagram account which is located at https://www.instagram.com/spothero, or SpotHero’s Facebook account which is located https://www.facebook.com/SpotHero. To do this, Entrant must have a valid Instagram account which is available for free at www.instagram.com or a valid Facebook account, which is available for free at www.facebook.com; (2) Like Sponsor’s post on Instagram or Facebook; (3) comment on Sponsor’s Instagram or Facebook post with where you would travel with a full tank of gas; and (4) tag a friend in this comment. Entry Method #2: To enter via this method, visit https://forms.gle/gW2SuAVjgstHacaL9 and accurately complete the online entry form.
Limit three entries per person. Entries that exceed the limit will be void. Incomplete entries will be disqualified. Sponsor is not responsible for entries that are lost, late, deleted, garbled, damaged, misdelivered or misdirected. Ordinary internet access, text message and similar charges apply. All received entries become the property of Sponsor and will not be returned. If there is a dispute regarding the identity of an entrant, the holder of the email account associated with the entry (or, in the case of Instagram or Facebook entries, the holder of the Instagram account in question) will be deemed the person who submitted the entry.
3) Entries: By creating an entry in this Sweepstakes, each entrant represents and warrants that: no laws were broken in the creation of the entry; the entry does not does not violate the rights of any other person or company (including but not limited to privacy and copyrights), does not defame, libel or slander anyone or any entity, does not contain unsafe, offensive, indecent, vulgar, obscene or profane content, and in no other way violates any applicable laws. The entry must not disparage any person or Sponsor; promote bigotry, racism, sexism, hatred or harm against any group or individual; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any nudity, sexually explicit, lewd, offensive, disparaging or other inappropriate content; and/or communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated.
Entries that do not comply with these Official Rules will be disqualified. Sponsor reserves the right to disqualify those entries that contain offensive or inappropriate material, that are deemed by Sponsor to be unsuitable, or that Sponsor believes would subject it to a claim or litigation. Each entrant agrees to indemnify, defend and hold Sponsor harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys’ fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties.
4) Winner & Notification: After the close of the Sweepstakes Period, Sponsor will select three (3) winners in a random drawing from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries. Please note that an entrant’s form of entry will not play a role in the selection of the winners. Sponsor will make all decisions regarding any and all issues related to the Sweepstakes, and its decisions will be final and binding in all respects. Sponsor will attempt to contact the winner via Instagram or Facebook or, if they entered via the website, by email. Winner may be required to sign an affidavit of eligibility and release and provide identification, and, if so, such documents must be signed and returned within seven days of the date they are sent to winner (TN residents need not sign publicity release.) A winner will be disqualified and an alternate winner may be selected by random drawing from among all remaining eligible entries, time permitting, if: (a) the winner does not respond to the initial notification attempt within 14 days; (b) Sponsor learns that the winner does not fulfill the eligibility requirements; (c) Sponsor learns that the winner did not adhere to these Official Rules; and/or (d) the winner does not provide required identification or documents by the deadlines set by Sponsor.
5) Prize and Delivery: There will be three (3) winners in total. Each winner will each receive one (1) prize a one hundred dollar ($100) gift card to a gas station. Prize will be sent directly to the winner via mail. Sponsor is not responsible for loss, delay or damage in delivery. Winner is solely responsible for any applicable federal, state and local taxes in connection with the prize. Prize substitutions are not allowed, and prize is not transferable. Prize may not be redeemed for cash. Only Sponsor may elect, at its discretion, to substitute a prize of greater or equal value because of lack of availability. Prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. A properly claimed prize will be awarded provided a sufficient number of eligible entries are received, but in no event will Sponsor award more prizes than are provided for in these Official Rules.
6) Other Conditions: By entering the Sweepstakes, each entrant agrees to release and hold harmless and waive any claims against Sponsor, and any other entity involved with the Sweepstakes, Instagram and its respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of its officers, directors, members, shareholders, employees and agents from any and all injuries, claims, damages, losses, costs or expenses of any kind (including without limitation attorneys’ fees) resulting from submitting an entry or otherwise participating in any aspect of the Sweepstakes; the receipt, ownership or use of the prize; preparing for, participating in or traveling to and/or from any prize-related activity; or any printing, typographical or other error in these Official Rules or the announcement of offering of the prize. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. If there is any discrepancy between any term of these Official Rules and marketing or entry materials used in connection with the Sweepstakes, these Official Rules will govern.
By accepting a Prize, winner agrees, where legal, to allow Sponsor as well as its agents and licensees to use the winner’s name, voice, photograph, likeness, any statement provided by the winner, and any information provided on the entry form, in any medium of communication, including for advertising, promotional or other purposes, without additional compensation.
7) Internet/Fraud/Tampering: If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure or any other cause that corrupts or threatens the administration, security or integrity of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to terminate or suspend the Sweepstakes. If Sponsor terminates or modifies the Sweepstakes, Sponsor will post notice on the SpotHero website and Sponsor will select the winner by random drawing from among eligible, non-suspect entries received as of the termination of the Sweepstakes. Sponsor reserves the right to prohibit any entrant from participating in the Sweepstakes if, in its sole discretion, Sponsor finds that such entrant shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) in an annoying, threatening or harassing manner; or (c) in any other disruptive manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Sponsor assumes no liability for any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of the Sweepstakes.
8) In Case of Dispute: By entering the Sweepstakes, entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. The Sweepstakes will be governed and enforced pursuant to the laws of the State of Illinois and the federal laws of the United States of America, without regard to the conflicts of laws provisions thereof. The federal and state courts located in Cook County, Illinois will be the exclusive forum for any dispute regarding any Official Rule or activity associated with the Sweepstakes. All entrants agree, by participation in the Sweepstakes, to submit to the personal jurisdiction of the federal and state courts located in Cook County, Illinois in connection with any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, the interpretation of these Official Rules, or prize awarded.
9) Sponsor: SpotHero, Inc., 125 S. Clark St., Suite 1300, Chicago, IL 60603. Facebook and Instagram are not sponsors of and are not otherwise affiliated with the Sweepstakes.