1. ELIGIBILITY: Open only to legal residents of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) who are at least 18 years of age or older, and of the age of majority in their state/province/territory of residence (19 in Alabama and Nebraska, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, Nunavut and the Northwest Territories). The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of R.B. Howes & Co., Inc. d/b/a “Howes Lubricator” (“Sponsor”), its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this Promotion (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void in Quebec and where prohibited.
2. PROMOTION PERIOD AND ENTRY PERIODS: The Promotion begins on July 1, 2020 at 12:00:00 a.m. Eastern Time (“ET”) and ends on December 31, 2020 at 11:59:59 p.m. ET (the “Promotion Period”). The Promotion Period is divided into two entry periods as set forth in more detail in the chart below (each an “Entry Period”):
|Entry Period||Start Date (each at 12:00:00 am ET)||End Date (each at 11:59:59 pm ET)|
|1||July 1, 2020||September 30, 2020|
|2||October 1, 2020||December 31, 2020|
The Sponsor (and/or its Promotion administrator’s) server is the official clock for this Promotion.
3. HOW TO PLAY:
a. WITH PRODUCT PURCHASE AND VIA TEXT: During the Promotion Period, purchase at least one (1) Howes Lubricator product (“Qualifying Purchase”). Using your text message-capable mobile device, text an image of your receipt (receipt text must be legible) showing your Qualifying Purchase to 413-299-2020 (for U.S. residents), or to 705-410-2020 (for Canadian residents), to receive an autodialed responsive text with a link to play the online instant win game (“Game”).
By participating via this entry method, you agree to receive up to three (3) autodialed messages from or on behalf of Sponsor. Consent to receive text messages is not required and is not a condition of any purchase.
You may opt-out by texting STOP to 413-299-2020 (US) or 705-410-2020 (Canada) to stop (you will be sent a confirmation message). Text HELP to 413-299-2020 (US) or 705-410-2020 (Canada) for help.
Entrants entering via text message may incur a standard text message charge from their wireless service provider for each message sent and received. Standard data rates may also apply. Texting the short code constitutes your digital signature.
Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate. Wireless text message or phone service may not be available in all areas. Proof of sending or submission of a text message will not be deemed to be proof of delivery or receipt by Sponsor.
b. PLAY FOR FREE AND WITHOUT PURCHASE: Send an email to email@example.com to request a link to the Game for free and without a purchase. Entrants via this entry method will receive a responsive email message with a link to play the Game. Once you receive a link to play the Game, click the link to access the Game, and follow the on-screen instructions to receive one (1) opportunity to spin the virtual wheel (a “Game Play”) to see if you are an instant winner of a prize (as described in Section 4 below). Enter your email address and opt in to receive future email communications regarding Howe promotions, new products, and news to receive one (1) additional Game Play (“Second Game Play”) (Game Plays and Second Game Plays are referred to herein collectively as “Game Plays”). Emails will include an unsubscribe mechanism.
Limit five (5) Game Plays per person/email address/phone number per day, regardless of the method of entry. Automated means of participation are prohibited, and any use of automated devices will cause disqualification. Use of email addresses from disposable or temporary email address services, or email forwarding services, is prohibited and any attempt to play using such an email address will be blocked . An email address is required to receive a Second Game Play. Entrants may not play with multiple email addresses nor may entrants use any other device or artifice to play multiple times above the stated limit or as multiple entrants. Any entrant who attempts to play with multiple email addresses or uses any device or artifice to play multiple times above the stated limit may be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion.
Proof of submission is not proof of receipt by Sponsor. In the event of a dispute as to who submitted a Game Play, the natural person associated with the email account or phone number used to play will be considered the entrant, but only if that person is otherwise eligible to enter the Promotion. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
4. PRIZE PERIODS, INSTANT WIN PRIZES, AND APPROXIMATE RETAIL VALUES (“ARV”): A pre-determined number of instant win prizes (“Instant Win Prizes”) will be randomly time-seeded during each specified Entry Period, as shown in the chart below (each a “Winning Time”). The first person who completes a valid Game Play on or after one of the randomly generated Winning Times (as recorded by the Game software) will be deemed the potential instant winner of the corresponding Instant Win Prize, subject to verification of Game Play, eligibility, and compliance with these Official Rules. The odds of winning an Instant Win Prize are based upon the number of eligible Game Plays received during the applicable Entry Period, and the order in which they are received.
Grand Prize “Pick a Prize” Packages (“Grand Prize”) are available to be won only during an entrant’s first Game Play; no Grand Prize will be awarded in connection with any Second Game Play. The number of Instant Win Prizes available to be won in the Promotion will decrease during each day, during each Entry Period, and over the course of the Promotion Period as Instant Win Prizes are awarded. Potential Instant Win Prize winners will be instantly notified on-screen after the Game Play. If you receive a message other than a winning prize message, you are not a potential Instant Win Prize winner. No more than the advertised number of Instant Win Prizes will be awarded for each Entry Period.
Total # of Instant Entry Instant Win Prize Description Win Prizes for the ARV (each) Period Dates Entry Period
Howes logo hat $19.99 USD/ 100 $27.50 CAD $50 Mastercard Prepaid Virtual $50.00 USD/ Account Gift* 25 $68.78 CAD July 1, 2020 - $25 Mastercard Prepaid Virtual $25.00 USD/ 1 September 30, Account Gift 25 $34.39 CAD 2020 $10 Mastercard Prepaid Virtual $10.00 USD/ Account Gift 150 $13.76 CAD One (1) Grand Prize** (see below $5,000 USD/ for details) 1 $6,877 CAD Howes logo hat $19.99 USD/ 100 $27.50 CAD $50 Mastercard Prepaid Virtual $50.00 USD/ October 1, Account Gift 25 $68.78 CAD 2020 - $25 Mastercard Prepaid Virtual $25.00 USD/ 2 December 31, Account Gift 25 $34.39 CAD 2020 $10 Mastercard Prepaid Virtual $10.00 USD/ Account Gift 150 $13.76 CAD One (1) Grand Prize** (see below $5,000 USD/ for details) 1 $6,877 CAD
Total ARV of all Instant Win Prizes in the Promotion: $20,748.00/$28,539.29 (as of May 29, 2020).
*Virtual Account is issued by MetaBank®, Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. No cash access or recurring payments. Can be used online or in stores that accept mobile wallet where Debit Mastercard is accepted. Valid for up to 6 months; unused funds will be forfeited after the valid thru date. Terms and conditions apply.
**Grand Prize Options and Additional Terms
Grand Prize Options Available for Entry Period 1:
1. A Trailmaster Full Size Off Road UTV. 2. An ultimate backyard makeover that includes a Traeger Timberline Series 850 Pellet Grill (model TFB85WLE), a $2,000 USD/$2,751 CAD Lowes Gift Card, and a $500 USD/$687 CAD Omaha Steaks Gift Card. 3. A truck makeover, awarded in the form of a $5,000 USD/ $6,877 CAD TruckID Gift Card. 4. $5,000 USD/$6,877 CAD, awarded in the form of a check made payable to the winner.
Grand Prize Options Available for Entry Period 2:
1. A truck makeover, awarded in the form of a $5,000 USD/ $6,877 CAD TruckID Gift Card. 2. An ultimate home/vehicle theatre makeover that includes a LG 65 inch Class 4K Smart UHD TV (model 65UM7300PUA), a Bose - Acoustimass 10 Series V system (model ACOUSTIMASS 10 V SYSTEM), a Sony - PlayStation 4 1TB Console (model 3002337), a 3-Seat Seatcraft Sienna Home Theater Seating (model 88-7061), and a $500 USD/$687 CAD Best Buy Gift Card. 3. Winner’s choice of one (1) of the following six (6) dream vacation packages:
a.Punta Cana: trip includes (a) round-trip economy class air transportation for the verified winner and one (1) guest to Punta Cana, Dominican Republic, from a major airport near the winner’s residence (if the selected winner is a resident of Canada, Sponsor will provide air transportation for winner and one guest to Punta Cana, Dominican Republic from only Vancouver, Edmonton, Calgary, Winnipeg, Toronto, Ottawa, Montreal or Halifax International Airports); and (b) hotel accommodations for five (5) nights for the winner and one guest at an all-inclusive resort in Punta Cana, Dominican Republic (resort choices subject to availability at the time of booking and based on travel dates) (includes one (1) standard room, double occupancy, tax, resort fees). Ground transportation to/from destination airport and hotel not included.
b. Las Vegas & Utah’s National Parks: a 7-day ground guided tour with Cosmos Vacations starting in Las Vegas with stops in the Grand Canyon National Park, Monument Valley, Lake Powell, Bryce Canyon National Park, Zion National Park and Snow Canyon State Park. Trip includes: (a) round-trip economy class air transportation for the verified winner and one (1) guest to Las Vegas, Nevada, from a major airport near the winner’s residence (if the selected winner is a resident of Canada, Sponsor will provide air transportation for winner and one guest to Las Vegas, NV from only Vancouver, Edmonton, Calgary, Winnipeg, Toronto, Ottawa, Montreal or Halifax International Airports); (b) Meals: 1 breakfast, 2 continental breakfasts; and (c) ground transportation to and hotel accommodations at each tour stop (includes one (1) standard room, double occupancy, tax, resort fees). Optional excursions during the tour can be reserved at the time of booking but are not included in this package. Ground transportation to/from destination airport and first/last hotel not included.
c. Florida Fun & Amusements: trip includes (a) round-trip economy class air transportation for the verified winner and one (1) guest to Orlando, Florida, from a major airport near the winner’s residence (if the selected winner is a resident of Canada, Sponsor will provide air transportation for winner and one guest to Orlando, FL from only Vancouver, Edmonton, Calgary, Winnipeg, Toronto, Ottawa, Montreal or Halifax International Airports); (b) hotel accommodations for five (5) nights for the winner and one guest in Orlando, FL (includes one (1) standard room, double occupancy, tax, resort fees); (c) two (2) 4-Day, 3-Park Passes to Universal Studios Florida, Universal’s Islands of Adventure and Universal’s Volcano Bay (includes free Universal Express Unlimited ride access to skip the regular lines, complimentary in-park water taxis, priority seating at select restaurants at Universal Studios Florida, Universal’s Islands of Adventure and Universal CityWalk, early park admission to the Wizarding World of Harry Potter™ and Universal’s Volcano Bay™; and (d) ground transportation for winner and guest on Universal’s SuperStar Shuttle from Orlando International Airport (MCO) to the destination hotel.
d. Cancun: trip includes (a) round-trip economy class air transportation for the verified winner and one (1) guest to Cancun, Mexico, from a major airport near the winner’s residence (if the selected winner is a resident of Canada, Sponsor will provide air transportation for winner and one guest to Cancun, Mexico from only Vancouver, Edmonton, Calgary, Winnipeg, Toronto, Ottawa, Montreal or Halifax International Airports); (b) hotel accommodations for five (5) nights for the winner and one guest at an all-inclusive resort in Cancun, Mexico (resort choices subject to availability at the time of booking and based on travel dates) (includes one (1) standard room, double occupancy, tax, resort fees); and (c) ground transportation for winner and guest roundtrip from the destination airport to the hotel.
e. Ski Steamboat Springs, Colorado: trip includes (a) round-trip economy class air transportation for the verified winner and one (1) guest to Steamboat Springs, Colorado, from a major airport near the winner’s residence (if the selected winner is a resident of Canada, Sponsor will provide air transportation for winner and one guest to Steamboat Springs, CO from only Vancouver, Edmonton, Calgary, Winnipeg, Toronto, Ottawa, Montreal or Halifax International Airports); (b) hotel accommodations for five (5) nights for the winner and one guest in Steamboat Springs, CO (includes one (1) standard room, double occupancy, tax, resort fees); (c) ground transportation for winner and guest roundtrip from the destination airport to the hotel; (d) 3-Day lift tickets for the Steamboat ski area; and (e) 3-day standard ski equipment rentals from a provider within the Steamboat ski area (provider to be determined by Sponsor in its sole discretion; adjustments to ski equipment and/or rental package may incur additional costs, which costs are the sole responsibility of the winner).
f. Las Vegas: trip includes (a) round-trip economy class air transportation for the verified winner and one (1) guest to Las Vegas, Nevada, from a major airport near the winner’s residence (if the selected winner is a resident of Canada, Sponsor will provide air transportation for winner and one guest to Las Vegas, NV from only Vancouver, Edmonton, Calgary, Winnipeg, Toronto, Ottawa, Montreal or Halifax International Airports); (b) hotel accommodations for 5 nights for the winner and one guest at a resort in Las Vegas, NV (resort choices subject to availability at the time of booking and based on travel dates) (includes one (1) standard room, double occupancy, tax, resort fees); (c) ground transportation for winner and guest roundtrip from the destination airport to the hotel; and (d) a $500 Mastercard Debit Card. 4. $5,000 USD/$6,877 CAD, awarded in the form of a check made payable to the winner. The total ARV of each Grand Prize option is $5,000 USD/$6,877 CAD. Gift cards are subject to certain terms and conditions as specified by issuer.
Additional Terms Applicable to Trailmaster Full Size Off Road UTV prize option: Winner is solely
responsible for any expenses in connection with the Grand Prize not expressly described herein as being awarded including, without limitation, UTV insurance, license or registration fees, delivery charges, dealer preparation fees and/or additional options, additions or equipment. The exact make, model, color, options, package, accessories, and other specifics of UTV will be at Sponsor’s sole discretion. Winner must take delivery of UTV at a dealership near his/her residence specified by Sponsor.
Additional Terms Applicable to all dream vacation Grand Prize options: Actual value of any trip may
vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and black out dates may apply. Selection of airlines and hotels are solely within Sponsor’s discretion. Unless otherwise noted above, food/beverages, gratuities, luggage fees, hotel fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the Grand Prize winner. Trip must be booked and/or completed within twelve (12) months of the completion of winner verification, including execution of all required documents. Exact travel dates and arrangements subject to availability. Grand Prize winner and travel guest must travel on same itinerary. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid passport or driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute 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 the destination city, 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.
5. PRIZE RESTRICTIONS: Limit one (1) Grand Prize per person/email address/household for the entire Promotion Period. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize with one of equal or greater value. Instant Win Prize winners are solely responsible for any taxes on the prize, and the reporting consequences thereof. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the Instant Win Prize winner. Any difference between the stated ARV and actual value at the time the prize was awarded will not be awarded.
6. PRIZE NOTIFICATION AND PRIZE CLAIM: Instant Win Prize winners are subject to verification, including verification of age. Potential winners of an Instant Win Prize will be notified immediately in writing on screen and must provide an email address for winner verification. Potential winners of a Howes logo hat or Mastercard Prepaid Virtual Account Gift will receive additional prize verification instructions and details by email. Potential Grand Prize winners will be contacted within five (5) business days via the email address or phone number collected at the time of entry. Potential Grand Prize winners will be required to respond via email/phone within ten (10) business days of the attempted notification to claim the Grand Prize. Upon Sponsor’s receipt of the potential Grand Prize winner’s return response, the potential Grand Prize winner will be sent, via email, and required to complete, sign, and return an Affidavit/Declaration of Eligibility/Liability Release, if applicable a Guest Release (signed by the selected travel guest), W-9/W8- BEN, and, where lawful, a Publicity Release, within fourteen (14) business days of attempted notification or prize may be forfeited.
For U.S. Winners of Prizes in Excess of $600 Only: Winners of Instant Win Prizes that exceed $600 in value will be issued an IRS 1099 form for the value of the Instant Win Prizes received in the month of January following the year the Instant Win Prizes are awarded. As a condition of winning, these potential winners will be required to complete a W-9 Tax Form and each such potential winner will be required to furnish his/her Social Security number for the sole purpose of preparation of any tax forms as required by law.
For Canadian Grand Prize Winner Only: As a condition of winning, the potential Grand Prize Winner will be required to complete a W-8BEN U.S. Tax Form and will be required to furnish his/her social insurance number for the sole purpose of preparation of any U.S. tax forms as required by law.
For all Instant Win Prizes: If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant, time permitting, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Unclaimed prizes will not be awarded.
For Canadian residents only : In order to be declared a winner of any Instant Win Prize, a time-limited skill-testing question must be correctly answered without assistance of any kind. Any entrant who incorrectly answers the time-limited skill-testing question will be disqualified, and will not receive an Instant Win Prize.
7. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the Game Play process, and to cancel, modify, or terminate the Promotion. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect Game Plays received prior to cancellation. In the event that a Game Play is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another Game Play (as applicable) into the Promotion.
8. LIMITATIONS OF LIABILITY AND RELEASE: NO LIABILITY OR RESPONSIBILITY IS ASSUMED BY SPONSOR OR PROMOTION PARTIES (COLLECTIVELY, “RELEASEES”) RESULTING FROM ENTRANT'S PARTICIPATION IN, ATTEMPT TO PARTICIPATE IN, OR DOWNLOAD OF ANY INFORMATION IN CONNECTION WITH PARTICIPATING IN THE PROMOTION. NO RESPONSIBILITY OR LIABILITY IS ASSUMED BY THE RELEASEES FOR TECHNICAL PROBLEMS OR TECHNICAL MALFUNCTION, INCLUDING, WITHOUT LIMITATION, THOSE ARISING IN CONNECTION WITH ANY OF THE FOLLOWING OCCURRENCES THAT MAY AFFECT THE OPERATION OF THE PROMOTION: HARDWARE OR SOFTWARE ERRORS; FAULTY COMPUTER, TELEPHONE, CABLE, SATELLITE, NETWORK, ELECTRONIC, WIRELESS, OR INTERNET CONNECTIVITY, OR OTHER ONLINE COMMUNICATION PROBLEMS; ERRORS OR LIMITATIONS OF ANY INTERNET SERVICE PROVIDERS, SERVERS, HOSTS, OR PROVIDERS; GARBLED, JUMBLED, OR FAULTY DATA TRANSMISSIONS; FAILURE OF ANY EMAIL TRANSMISSIONS TO BE SENT TO OR RECEIVED; LOST, LATE, DELAYED, OR INTERCEPTED EMAIL TRANSMISSIONS; INACCESSIBILITY OF THE GAME IN WHOLE OR IN PART FOR ANY REASON; TRAFFIC CONGESTION ON THE INTERNET OR GAME; OR UNAUTHORIZED HUMAN OR NON- HUMAN INTERVENTION IN THE OPERATION OF THE PROMOTION, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED TAMPERING, HACKING, THEFT, VIRUS, BUG, WORM; OR DESTRUCTION OF ANY ASPECT OF THE PROMOTION. SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS IN THE ANNOUNCEMENT OF ANY PRIZE OR THESE OFFICIAL RULES, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON PROMOTIONAL MATERIALS OR ON THE GAME. PLAY OF GAME IS AT ENTRANT’S OWN RISK. RELEASEES ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSSES OF ANY KIND THAT MAY BE SUSTAINED TO ENTRANT'S OR ANY OTHER PERSON'S COMPUTER EQUIPMENT RESULTING FROM PARTICIPATION IN THE PROMOTION, PLAYING THE GAME, OR ANY OTHER LOSS RELATED TO ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OF ANY PRIZE. AS A CONDITION OF ENTERING, ENTRANTS AGREE TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE INCURRED WITH RESPECT TO ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE AWARDING, RECEIPT, POSSESSION, AND/OR USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION ANY TRAVEL RELATED THERETO.
9. BINDING ARBITRATION : Any controversy or claim arising out of or relating to the Promotion 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 Rhode Island 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 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, 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.
10. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners grant permission for Sponsor and those acting under its authority to use their name, and address (city and state/province), photograph, voice, image and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on the Sponsor’s website) now known or hereinafter invented without territorial or time limitations and without further notice and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.
11. GOVERNING LAW & JURISDICTION : All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Rhode Island, without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in Providence, Rhode Island for the resolution of all matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
12. WINNERS LIST: For a list of winners, send an email request to firstname.lastname@example.org . Winners list will be available 30 days after all winners are deemed official, which will be on or about January 31, 2021.
13. SPONSOR: Howes Lubricator, 60 Ocean State Drive, North Kingston, RI 02852.