The CST Tires #CSTRacing521 McGill Mountain Instagram Photo Contest (“Contest”) entry period begins on June 24, 2017 at 12:00AM Eastern Time (“ET”) and ends on June 28, 2017 at 11:59 PM ET (the “Contest Period”), when all entries must be received. Eastern Time shall be the control for all purposes of this Contest. Sponsor’s clock shall be the official timekeeper for the Contest. The Contest is governed by these Official Rules and is subject to all applicable federal, state and local laws. Void where prohibited.
THE CONTEST IS IN NO WAY ENDORSED, SPONSORED OR ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, LLC OR TWITTER INC. YOU ARE PROVIDING YOUR INFORMATION AND YOUR SUBMISSION TO CHENG SHIN RUBBER USA, INC. AND NOT TO FACEBOOK, INSTAGRAM OR TWITTER.
1. Eligibility
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Proof of residency and age may be required prior to award of any prize. Employees of Cheng Shin Rubber USA, INC. (“Sponsor”) and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
2. Sponsor
The Sweepstakes is sponsored by Cheng Shin Rubber USA, INC., located at 545 Old Peachtree Road, Suwanee, GA 30024, USA.
3. Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. How to Enter
During the Contest Period, the entrant must 1) Follow @csttiresusa on Instagram 2) Post a picture to Instagram at the 2017 Snowshoe GNCC Rd. 8 race and include an Adam McGill rally towel in the photo. 3) The post must include #CSTRacing521 and the @csttiresusa handle. Entries must include the @csttireshandle and the hashtag #CSTRacing521in the caption, as well as the rally towel in the image. The entrant may use Twitter as an alternate form of entry. For Twitter, 1) Follow @csttiresusa 2) Tweet a picture at the 2017 GNCC Rd. 8 race with an Adam McGill rally towel 3) Include #CSTRacing521 and @csttiresusa in the Tweet. Each entrant may post one entry. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to submit an entry.
SUBMISSION GUIDELINES: Submission cannot: (a) be sexually explicit or suggestive,
violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos (except Sponsor’s) or trade dress owned by others, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission. By uploading a Submission you warrant and represent that: (a) it has not received previous awards; (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) the other participants depicted in the Submission, if any, have given written consent to its entry into the Sweepstakes and use as contemplated by these Official Rules; and (d) publication of the Submission via various media including web posting and posting in social media, will not infringe on the rights of any third party. Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any Submission that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Sweepstakes for any reason will be disqualified. Sponsor is not responsible for lost, late or incomplete entries, which will be disqualified.
5. Winner Selection and Notification
On or about June 29, 2017, the Sponsor will select the winning submission based on the creativity, aesthetics and other aspects of each of the top 10 most liked submissions.
6. Prize
One (1) winner will be given a voucher for one (1) set of CST Tires of their choice, and select pieces of Adam McGill’s riding gear. Total prize valued up to $4,999 (the “Prize”).
7. Winner Notification
The Sponsor will post announcing the winner on CST’s Instagram page on June 29th, 2017. The winner must message CST directly through the social channel through which the submission was made. If the potential winner does not respond within seventy two (72) hours, the Sponsor may select from the remaining submissions an alternate potential winner in his or her place. The potential winner will be required to complete, electronically sign and submit a declaration of compliance (“Declaration of Compliance”) within one (1) week of the date of notice or attempted notice is sent, in order to claim the Prize. In the event (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information provided by potential winner in its entry form or the winner notification is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the Prize for any reason; (c) a potential winner is found to be ineligible to enter the Contest or receive the Prize; (d) a potential winner cannot or does not comply with the Official Rules; or (e) a potential winner fails to submit or fulfill the obligations of the Declaration of Compliance, then the potential winner shall be disqualified from the Contest and Sponsor will award the Prize to an alternate winner from among all remaining eligible entries. Only one (1) alternate winner will be selected, after which the Prize will remain un-awarded. The Prize will be fulfilled within one month after the conclusion of the Contest.
8. No Tampering; Right to Cancel or Modify
Neither Sponsor nor Facebook, Instagram or Twitter, nor their respective parent companies, owners, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors or members shall have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or an entrant’s failure to monitor its email account; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the Prize for any reason; (f) if the Prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of the Prize or resulting from participating in this promotion or any promotion or Prize-related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or award the Prize in a random drawing from all eligible entries received as of the termination date.
9. Release and Limitations of Liability; Disclaimer of Warranty
By participating in the Contest, entrants and winners agree to release and hold harmless Sponsor and Facebook, Instagram and Twitter, and their respective parent companies, owners, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with, in preparation for, or as a result of participation in, the Contest, or possession, acceptance and/or use or misuse of the Prize or participation in any Contest-related or Prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials in connection with this Contest. Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to the Prize or any component thereof.
10. Disputes
Except where prohibited, 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 Contest, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
11. Privacy
Information collected from entrants is subject to Sponsor’s privacy policy. By entering the Contest, you agree to provide your email address and consent to receive newsletters and relevant offers from Cheng Shin Rubber USA, INC. and can opt-out of such mailings at any time.
12. Winner List
To request the name of the winner, send a self-addressed stamped envelope to Cheng Shin Rubber USA, INC., at 545 Old Peachtree Road, Suwanee, GA 30024, USA. Winner List requests will only be accepted after the promotion end date (listed above). All Winner List requests must be received by July 15th, 2017.