“Bennett Auto Supply 60th Anniversary Coloring Sweepstakes” Official Rules
NO PURCHASE, PAYMENT OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. MULTIPLE ENTRY AND ENTRY DEADLINES APPLY.
ELIGIBILITY. Bennett Auto Supply (“Sponsor”) announces the “Bennett Auto Supply 60th Anniversary Coloring Sweepstakes” (the “Sweepstakes”) is only open to entrants who, as of the entry date, are permanent legal residents of Florida (the “Sweepstakes Territory”) who are over the age of 21 and are the parent or legal guardian of one or more minor children between the ages of three (3) and fourteen (14) years old the Sweepstakes Territory (“Eligible Minor Children” or “Eligible Minor Child”). The Sweepstakes is void outside the Sweepstakes Territory and where prohibited or restricted by law. Employees, officers and directors of Bennett Auto Supply, Inc. and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible Sweepstakes Territory, and entrants must be present in the eligible Sweepstakes Territory at the time they enter. Sponsor reserves the right to verify to its satisfaction the eligibility of any entrant.
1. TIMING. The Sweepstakes entry period begins on April 1, 2017, and ends on June 30, 2017 (the “Entry Period”).
2. HOW TO ENTER.
There are two ways to enter:
1. By Mail: During the Entry Period, hand print your full name, complete home address, email address and day and evening phone numbers and full name and age of one of your Eligible Minor Children on an official entry form or on a 3” x 5” piece of paper. The entry must be sent by United States mail in a sealed envelope no larger than 9 1/2″ x 4 1/4″ (a #10 envelope) with correct postage to “Bennett Auto Supply 60th Anniversary Coloring Sweepstakes,” c/o Bennett Auto Supply 3141 S.W. 10th Street, Pompano Beach, Florida 33069. Entry forms are available at all Bennett Auto Supply retail locations in the Sweepstakes Territory. All mail-in entries must be received by Sponsor during the Entry Period.
2. In Store: No Purchase Necessary, you may pick up an entry form at any Bennett Auto Supply, Inc. retail location during the Entry Period and either: (i) return the completed entry form by mail as described above or; (ii) return the completed entry form to any Bennett Auto Supply retail location in the Sweepstakes Territory.
LIMIT: One (1) entry per Eligible Minor Child. All entries must be received by Sponsor during the Entry Period (or during such certain dates and times within the Entry Period as expressly specified above). Automatic or robotic entries will be blocked and disregarded. Due to child privacy laws, no online entries will be permitted. Proof of sending will not be deemed proof of receipt; no other form of electronic or digital entry will be accepted. Limit one (1) entry per envelope and one (1) entry per Eligible Minor Child. No photocopied or mechanically reproduced entries will be accepted. Sponsor is not responsible for entries which are lost, misdirected, incomplete, incorrect or postage-due, or for any printing error in these Official Rules or any other sweepstakes material. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of mailing/emailing will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding or a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
3. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant, on behalf of them self and their Eligible Minor Child fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winners, and the awarding of prizes), which are final and binding in all respects.
4. DRAWING; ODDS; NOTIFICATION. On each of May 31, 2017, June 30, 2017 and July 31, 2017, Sponsor will randomly select one (1) potential winner from among all eligible entries received by Sponsor via regular mail and through in-store entry. Odds of winning a prize depend on the number of eligible entries received by Sponsor as of each drawing date. Entries eligible for one drawing remain eligible for all subsequent drawings. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by phone and letter (by postal or overnight delivery). The potential winner will be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and a Publicity Release (except where prohibited by law) (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within twenty four (24) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner or their minor child is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner and their minor child may be disqualified and an alternate winner may be selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes as time permits. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule.
5. PRIZE. Subject to the terms and conditions of these Official Rules, three (3) prizes will be awarded in this Sweepstakes. There will be a total of three (3) drawings with one winner selected in each of the first two drawings and two winners selected during the final drawing on June 30, 2017. The approximate retail value (“ARV”) of each prize is $300.00 and the ARV of all awarded prizes is $900.00. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment, refund or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or a component thereof) with another prize (or component thereof) of greater or equal value, including cash, if a prize is not available for any reason as determined by Sponsor in its sole discretion. All federal, state and local laws and regulations apply. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, prize winner will be issued an IRS Form 1099 for the retail value of the prize. LIMIT: One (1) prize per person or address (physical or email) in this Sweepstakes.
6. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and their respective designees’, successors’ and assigns’) use of winner’s and winner’s minor child’s first name, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
7. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non- electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
8. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, its subsidiaries and affiliates, and its respective agents, employees, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages, causes of action or liabilities of any kind whatsoever (however named or described) for injuries, loss of damage to person(s), including death, and property, or rights of publicity or privacy, defamation, or portrayal in a false light arising in whole or in part, directly or indirectly, from entrant’s and entrant’s minor child’s participation and/or entry in the Sweepstakes and/or entrant’s and entrant’s minor child’s acceptance, possession, use/misuse of any prize(s), and or participation in any Sweepstakes related activity. By participating in the Sweepstakes, entrants agree to be bound by these rules and to the decision of the Sponsor and its agents, whose decisions regarding all aspects of the Sweepstakes shall be final and binding.
9. LIMITATIONS OF LIABILITY. Neither Sponsor are responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website, satellite, network, server, ISP, telephone or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes.
10. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Broward County, Florida; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Florida for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
11. OFFICIAL RULES. These Official Rules are available online at https://www.bennettauto.com/coloringcontest/.
12. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to
“Bennett Auto Supply 60th Anniversary Coloring Sweepstakes” - Winner List Request,” c/o Bennett Auto Supply, Inc. 3141 SW 10th Street, Pompano Beach, FL 33069. Requests must be received by July 31, 2017.
SPONSOR. The Sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Bennett Auto Supply, Inc. at 3141 SW 10th Street, Pompano Beach, FL 33069.