SimpleTire Go Red Giveaway - Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES IN RESPECT TO THIS SWEEPSTAKES WILL BE RESOLVED SOLELY THROUGH BINDING ARBITRATION; ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, AND THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.

SPONSOR(S): SIMPLE TIRE LLC and CONTINENTAL TIRE THE AMERICAS LLC

SWEEPSTAKES ADMINISTRATOR: SIMPLE TIRE LLC

SWEEPSTAKES PERIOD: SimpleTire Go Red Giveaway Campaign (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Friday, February 3, 2023, and ends at 11:59:59 PM ET on Tuesday, February 28, 2023, (the “Sweepstakes Period”). Entries must be received during the Sweepstakes Period to be eligible for the drawing and prize.

Eligibility

The Sweepstakes is open to natural persons who are legal residents of the 48 contiguous United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor(s) or the Sweepstakes Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

How to enter

During the Sweepstakes Period, on Instagram: follow @simple_tire, @continental_tire, and @americanheartohio, “like” the giveaway post, and tag three (3) friends in the comments section. Alternative Method of Entry: Participants may submit their entry by sending an email to “entry@simpletire.com” with the subject line, “Go Red Entry”; email entries must be received during the Sweepstakes Period defined above. Participants must be 18+ years or older to enter and must live in the continental US. Only one entry per person is allowed. Entrants are subject to all notices posted online, including but not limited to, the Sweepstakes Administrator’s/Sponsor’s Privacy Policy, which can be found at https://simpletire.com/privacy-policy.

Although subsequent attempts to enter during the Sweepstakes Period may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter will be disqualified.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS

Prizes

One (1) winner will win one (1) set of four (4) tires from Continental Tire. Additionally, SimpleTire will cover the cost of installation for the set of four (4) tires from Continental Tire at a qualified installer of the winner’s choice from installers listed on simpletire.com.

PRIZE PARAMETERS

One (1) set of four (4) tires from Continental brand.

Free tire installation from SimpleTire.

The total ARV of the prize is $1,650.

Odds of winning will depend upon the total number of eligible entries received during the Sweepstakes Period.

RANDOM DRAWING

Potential winners will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period according to these Official Rules. The drawing will be performed by the Sweepstakes Administrator, whose decisions are final.

Drawing date: March 1, 2023

Notification date on or about: March 8, 2023

WINNER NOTIFICATION & VERIFICATION

The prize winner(s) will be notified via Instagram, and may be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form (where the prize value is in excess of $600.00), and, where allowable, a Publicity Release (collectively, 'the Releases'). These Releases may require the prize winner to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. The prizes will be delivered within approximately 45 days after the winner(s) are verified.

If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in their state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable. If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.

Limit of one (1) prize per potential winner per Sweepstakes Period. Under no circumstances shall an entrant be awarded more than one (1) prize in this Sweepstakes.

PRIZE CONDITIONS

Prizes are not assignable or transferable. There will be no exchange or substitution of prizes, except at the sole discretion of the Sweepstakes Administrator. Any other incidental expenses related to receipt or use of the prize not specified herein are the winner’s sole responsibility. Winner is responsible for all federal, state, local, and income taxes associated with the winning prize.

Except where prohibited by law, entry and acceptance of prizes constitute permission to use winner's name, prize won, hometown, likeness, video, photographs, and statements for purposes of advertising, promotion, and publicity (including online posting) in any and all media now or hereafter known throughout the world, without additional compensation, notification, or permission.

SimpleTire will provide a W-9 tax form to the chosen winners. Winners will also be required to submit a 1099 form to SimpleTire. All tax payments on sweepstakes winnings are the sole responsibility of the winning parties.

GENERAL

Participating entrants agree to these Official Rules and the decisions of the Sponsors and the Sweepstakes Administrator, and release the Sponsors, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors, and agents of each (the “Released Parties”), from all claims and liability, including any injury and/or damage relating to their participation in the Sweepstakes promotion, or the acceptance, use, or misuse of the prize(s). Sponsor(s) and Sweepstakes Administrator are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prize. Simple Tire disclaims any and all warranties, whether express or implied, with respect to the prize(s).

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the 'Authorized Account Holder' of the email address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Sweepstakes Administrator may ask any entrant or potential winner to provide proof, to Sweepstakes Administrator’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro, or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sweepstakes Administrator on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor(s) and/or Sweepstakes Administrator reserve the right to: (i) permanently disqualify from any Sweepstakes, any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause(s) beyond the control of the Sponsor(s) or Sweepstakes Administrator which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor(s) and/or Sweepstakes Administrator reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sweepstakes Administrator will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.

LEGAL WARNING

ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER, OR VANDALIZE ANY WEBSITE, SERVER, OR STORAGE ASSOCIATED WITH THIS SWEEPSTAKES, OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR(S)/SWEEPSTAKES ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor(s), Sweepstakes Administrator, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; AND (E) THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS, WAIVERS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES

To the extent permitted by applicable laws, the parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Bucks County, Pennsylvania and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, it will take place in Bucks County, Pennsylvania. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Bucks County, Pennsylvania. Sponsor(s) and/or Sweepstakes Administrator agree to pay the administrative and arbitrator’s fees in excess of $200.00 in order to conduct the arbitration (but specifically excluding any legal, travel, or other costs of entrant to participate in or attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY

Personal information collected from entrants are subject to the Sponsor’s and Sweepstakes Administrator’s applicable Privacy Policies, which can be found at https://simpletire.com/privacy-policy.

OFFICIAL RULES REQUEST

To request a copy of the Official Rules, see https://simpletire.com/privacy-policy or send a self-addressed, stamped envelope by February 28, 2023, to: SimpleTire Go Red Giveaway Sweepstakes Official Rules Request, 8 Neshaminy Interplex Drive, Suite 300 Trevose, PA 19053-6974.

WINNER CONFIRMATION REQUEST

For a written confirmation of the winner(s) (available after February 28, 2023), send a stamped, self-addressed envelope (to be received no later than March 3, 2023), to:cSimpleTire Go Red Giveaway SweepstakesWinner Confirmation Request, 8 Neshaminy Interplex Drive, Suite 300 Trevose, PA 19053-6974.

Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law.