Official Rules

Hercules Tires Warrior Weekend Sweepstakes Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 48 CONTIGUOUS UNITED STATES, THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR ARE LOCATED OUTSIDE THE UNITED STATES AND CANADA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.

1. ELIGIBILITY: The Hercules Tires Warrior Weekend Sweepstakes (the “Sweepstakes”) is open to legal residents of the forty-eight (48) contiguous United States, the District of Columbia and Canada (excluding Quebec), who are 18 years of age or older at the time of entry. Employees, contractors, directors and officers of the Hercules Tire & Rubber Co. (“Sponsor”), Communica, Inc. (“Administrator”), American Tire Distributors, Paramount Pictures Corporation (“Paramount”) and their respective parents, subsidiaries and affiliated companies, distributors and dealers, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Sweepstakes (collectively “Promotion Parties”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Sweepstakes (“Official Rules”). Subject to all applicable federal, state, provincial, municipal and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and judges’ decisions, which are final and binding on all matters related to the Sweepstakes. Void in Alaska, Hawaii, Quebec and where prohibited by law.

2. PROMOTION PERIOD: Sweepstakes begins June 18, 2014 at 12:00:01 AM Eastern Daylight Time (“EDT”) and ends August 8, 2014 at 11:59:59 PM EDT (“Promotion Period”). The Web Site server’s clock is the official clock for this Sweepstakes.

3. HOW TO ENTER: To enter, go to http://www.herculestire.com/warriorweekend (the “Web Site”). Complete all required fields in the entry form on the Web Site and submit your completed entry during the Promotion Period to receive one (1) entry into the Sweepstakes.

Limit one (1) entry per person, per email address for the duration of the Sweepstakes.

Any form of entry other than that described herein is void. Entrants must have a valid email address in order to enter. Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) which is responsible for assigning email addresses or the domain name associated with the submitted email address. All online entries must be received and recorded during the Promotion Period to be eligible for the drawing. Any entry received prior to or after the Promotion Period will be void.

4. ENTRANT'S PERSONAL INFORMATION: Information collected from entrants is subject to the Privacy Statement found at http://www.herculestire.com/privacy-policy <http://www.herculestire.com/privacy-policy>. By entering the Sweepstakes, you expressly agree to the terms of the Privacy Statement. If you are selected as a winner, your information may also be included in a publicly-available winner’s list. By participating in this Sweepstakes, each entrant also agrees that Sponsor may share their contact information with Paramount, which will use such information in accordance with its own privacy policy, which can be found at http://www.paramount.com/about/privacy-policy.

5. PRIZE DRAWINGS: Potential winners will be selected in a random drawing on or about August 12, 2014 (“Drawing”) from among all eligible entries received during the Promotion Period. The Drawing will be conducted by an independent judging agency, whose decisions are final and binding in all respects. If the potential winner is a Canadian resident, he/she will be required to correctly answer a mathematical skill-testing question without mechanical or other aid to be administered via telephone at a pre-arranged mutually convenient time. If the potential winner fails to correctly answer the mathematical skill-testing question within the time allotted, the prize will be forfeited and another potential winner will be chosen at random from among the remaining eligible entries.Paramount is not responsible for the administration of the Promotion, the collection, submission or processing of entries, the selection of winners or the fulfillment of prizes.

6. WINNER NOTIFICATION/REQUIREMENTS: Potential winners will be notified by email and/or phone, at Sponsor’s discretion, on or about August 13, 2014 using the contact information submitted at the time of entry into the Sweepstakes. If Sponsor cannot locate or contact a winner within seven (7) days of date of attempted notification, the prize may be forfeited. Potential winners may be required to complete, sign and return to Sponsor an Affidavit of Eligibility, a Liability Release and a Publicity Release (unless prohibited by law) within seven (7) days of date of attempted notification. If a winner cannot be contacted within seven (7) days, fails to complete, sign and return the Affidavit of Eligibility, Liability Release and Publicity Release within the required time period, is not in compliance with these Official Rules, or a prize or prize notification is returned as undeliverable, the prize may be forfeited. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right, in its sole discretion, to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible if unable to contact a potential winner for prize notification purposes for whatever reason, including an entrant’s failure to provide correct contact information at the time of entry or a change of email address, mailing address and/or telephone number without notice to Sponsor.

7. PRIZES: Up to one (1) Grand Prize is available: One grand prize (“Grand Prize”) will be awarded in this Sweepstakes. The Grand Prize consists of: round-trip, coach class air transportation for winner and one guest from a major commercial airport near winner’s home within the 48 contiguous U.S. states or Canada to Las Vegas, NV; one (1) double occupancy standard hotel room for three (3) nights at a hotel determined by the Sponsor at its sole discretion; two (2) tickets to a mixed martial arts event of Sponsor’s choosing; and $1,000 awarded in the form of a check made payable to the winner for use towards travel/transportation, meals, spending money and other incidentals while in Las Vegas. Approximate retail value (“ARV”): $4,950. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of the Grand Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and blackout dates may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the winner. Trip must be completed by March 15, 2015. Exact travel dates and arrangements at Sponsor’s discretion and subject to availability. Winner and travel guest must travel on same itinerary. Travel guests must sign and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where imposing such conditions is legal) and a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a passport or valid U.S. driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Unless child of winner, winner’s guest must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate releases and written permissions of the parent or legal guardian in form and substance acceptable to Sponsor in its sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner's proximity to Las Vegas, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Grand Prize winner. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Additional prize award details and travel information to be provided to the Grand Prize winner at the time of notification. Grand Prize winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. In the event winner or his/her guest engages in behavior that is obnoxious, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and/or his or her guest home with no further compensation.

Up to three (3) First Prizes are available: Three (3) first prizes (each a “First Prize”) will be awarded in this Sweepstakes. A First Prize consists of a set of four (4) Hercules Tires and a $100 gift card for tire mounting and balancing. Gift card subject to the terms and conditions set forth by issuer. ARV: $850 each.

Up to five (5) Second Prizes are available: Five (5) second prizes (each a “Second Prize”) will be awarded in this Sweepstakes. A Second Prize consists of a $250 gas card and one (1) Highway Roadside Kit. ARV: $300 each.

Up to twenty-five (25) Third Prizes are available: Twenty-Five (25) third prizes (each a “Third Prize”) will be awarded in this Sweepstakes. A Third Prize consists of one (1) Hercules Tire branded merchandise. ARV: $12 each.

FOR ALL PRIZES: All federal, state and local taxes are the sole responsibility of the winner, regardless of whether the prize is used in whole or in part. Winner will be issued an IRS 1099 form for the retail value of prizes over $600. No substitution, cash equivalent, transfer or assignment of a prize will be permitted, except that Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Limit one (1) prize per person/household. All prize details are at Sponsor’s sole discretion. Unclaimed prizes will not be awarded. Odds of winning depend upon the number of eligible entries received during the Promotion Period. Except with respect to the standard manufacturer's warranty for the tires and roadside kit, neither Sponsor, Paramount nor any other person associated with the manufacture, distribution, development and execution of this Sweepstakes and its prize(s), or any of their respective affiliates, parent companies, subsidiaries, directors, officers, employees, and agents makes any warranties, representations or guarantees, express or implied, in fact or in law, relative to the use or enjoyment of the prizes, including, without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose. Any and all guarantees and warranties for the prizes are subject to the manufacturers’ terms and conditions, and the winner agrees to look solely to such manufacturer(s) for any such warranty or guarantee claim. Total ARV of all prizes: $9,300.

8. GENERAL CONDITIONS: By accepting a prize, each winner grants Sponsor and/or their designees the right to use his/her name, biographical information, testimonial, photo and/or likeness and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Released Parties (as defined below) are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, stolen, misdirected, undelivered or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Web Site, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Web Site. Persons who tamper with or abuse any aspect of the Sweepstakes or Web Site, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void and Released Parties reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes for any reason, including, but not limited to, should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, randomly select the winners from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.

9. LIMITATION OF LIABILITY: By entering the Sweepstakes, entrants agree that the Promotion Parties, and their respective officers, directors, employees and agents (all such individuals and entities collectively referred to herein as the “Released Parties”) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto).

10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

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 ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

11. GOVERNING LAW/JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Ohio, in the County of Hancock.

12. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

13. WINNERS LIST: For any legally required winners list or copy of Official Rules, mail a self-addressed, stamped envelope to Communica, Inc., Attn: Hercules Tires Warrior Weekend Sweepstakes, 31 North Erie Street, Toledo, Ohio 43604. Request must be received by September 15, 2014.

14. SPONSOR: Hercules Tire & Rubber Co., 16380 East U.S. Route 224, Suite 200, Findlay, OH 45840

15. ADMINISTRATOR: Communica, Inc., 31 North Erie Street, Toledo, Ohio 43604

Official Rules

Feedback

Hercules Tires Warrior Weekend Sweepstakes