Official Rules MITCHELL 1 SIZZLIN’ SUMMER SWEEPSTAKES:
Please review the terms and conditions appearing below before submitting Participant’s entry and participating in the Mitchell 1 Sizzlin’ Summer Sweepstakes (“Sweepstakes”) described below. By submitting entries Participant agrees to accept and be bound by all the terms and conditions set forth in the Official Rules without any modification or reservation. Should Participant disagree with any or all of the terms and conditions below or desire not to be bound by them, or is not eligible DO NOT PARTICIPATE in the Sweepstakes in any manner.
1. SPONSOR: Mitchell Repair Information Company LLC (“Sponsor”), 14145 Danielson Street, Poway CA 92064. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
2. NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
3. SWEEPSTAKES PERIOD: All entries must be submitted between July 23, 2020 at 10:00:01 a.m. Pacific Time ("PT") and September 3, 2020 at 5:00 p.m. PT ("Sweepstakes Period"). The Sweepstakes computer or server, as determined by Sponsor in its sole discretion, is the official time keeping device for the Sweepstakes.
4. ELIGIBILITY: Mitchell 1 Sizzlin’ Summer Sweepstakes is open and offered to Facebook account holders that enter on the official Mitchell 1 page and are legal residents of the 50 United States, the District of Columbia, who are at least the age of majority as of the date of entry ("Participant"). Employees, officers and directors of Sponsor, and its parent, each of its affiliates (as used in these Official Rules, "affiliate" means any legal entity controlling, controlled by, or under common control with a party), subsidiaries, independent representatives, franchisees, advertising, public relations, and Sweepstakes agencies, Webmasters/suppliers and members of the immediate family (spouse, children, siblings, parents), and persons living in the same household (whether or not related) of any of the above are ineligible. By participating, Participant agrees to these Official Rules and the decisions of the Sponsor which are final and binding in all respects. Entries which do not conform to these Official Rules will be disqualified, as determined by Sponsor in its sole discretion. Void where prohibited.
5. ODDS: Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. When you enter the Sweepstakes online, you can also opt-in to receive offers and emails from Sponsor. You can opt-out of receiving such offers and emails at any time and opting-in does not impact your chances of winning.
6. TO ENTER: Entries must be submitted online at https://www.facebook.com/Mitchell1ShopSolutions and include Participant’s name, address, email address, and, if requested phone number. Entry must be received by Sponsor’s Computer by September 3, 2020 at 5:00 p.m. PT. Duplicate entries received will be disqualified. No form of entry other than as stated in these Official Rules will be accepted. One (1) entry is obtained when you register for the Sweepstakes and each Participant shall receive only one (1) entry. Any attempt by a Participant to obtain more than the allowed number of entries by using multiple/different identities, registrations, and/or any other methods, will void that Participant's chances of winning and that Participant may be disqualified from the Sweepstakes in Sponsor’s sole discretion. By entering, you are submitting this information to Sponsor, not Facebook.
7. PRIZES/WINNING: Participants will be deemed potential winners and may be eligible to win a $100 Omaha Steaks E-Gift Card (“prize”). A total of seven prizes will be awarded. One Participant will be chosen at random as a winner each week during the Sweepstakes Period and announced each Thursday from July 23, 2020 through August 27, 2020. Two winners will be announced on September 3, 2020. Once the potential winner’s eligibility is verified, the prize will be awarded to that Participant. If such Participant is disqualified or cannot accept a prize as stated in its entirety for any reason, the prize will be forfeited and will be awarded to an alternate winner as stated in the Official Rules.
8. RESTRICTIONS FOR ALL PRIZES: No prize substitution, except at Sponsor's sole discretion. If a potential winner cannot accept a prize as stated in its entirety for any reason, the prize will be forfeited and will be awarded to an alternate winner as stated in the Official Rules. All federal, state and local taxes, and export or import duties, and the like (as applicable) on any prize are the sole responsibility of the winner(s). No more than the number of prizes set forth in the Official Rules will be awarded. Winners must provide a valid mailing address for the prize to be issued. The Sponsor will contact the winner to arrange for delivery of the prize.
9. PRIZE CLAIMS / NOTIFICATION: Winners will be notified by mail, overnight mail, email or in such other manner as determined by Sponsor within a week of being selected. The gift card will be emailed to the winning Participant at the email address provided when they entered the Sweepstakes. If the winning Participant is found to be ineligible or otherwise not in compliance with these Official Rules (in Sponsor's sole discretion), prize will be forfeited and will be awarded to an alternate winner as stated in the Official Rules.
10. GENERAL: Unless prohibited by law, by entering, Participants release and agree to indemnify and hold harmless Facebook, Sponsor, its parent company, affiliates, subsidiaries, advertising, public relations, distribution associates, franchisees and Sweepstakes agencies and all of their respective officers, employees, directors, representatives and agents (individually and collectively "Releasees") from and against all liability, claims, actions, or proceedings, losses, injuries and damages (whether due to negligence or otherwise) to person(s), including death, and property, or violation of intellectual property rights or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity, or defamation, slander or libel, or portrayal in a false light), or breach or failure of any representation or warranty, due in whole or in part, directly or indirectly to the acceptance, possession, misuse or use of the prize, or participation in this Sweepstakes, or participation in any Sweepstakes-related activity. Releasees, are not responsible and shall not be liable for injury or damage to any Participant's or any other person's or entity's computer or server related to or resulting from participating in this Sweepstakes or downloading, or copying materials from or use of the Web site.
11. PUBLICITY: Except where prohibited by law, by entering, each Participant grants permission for the use of his/her name and/or business name, to be posted on the Internet, any of the Sponsor's websites (the "Web site(s)"), or any website in connection with this Sweepstakes, and the advertising, Sweepstakes, and publicity of the Sweepstakes, and otherwise, at any time or times and in all media now known or hereafter discovered, worldwide for advertising, commercial, trade and Sweepstakes purposes without additional compensation, and without notice, review or approval (as solely determined by Sponsor); and each Participant warrants and represents that he/she has all right and authority to grant such permission.
12. LIMITATIONS OF LIABILITY: Releasees are not responsible for lost, late, stolen, illegible, misdirected, postage due, separated or non-delivered email, entries or mails; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), email, Web site or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, email or cable hardware, software or lines, or technical failure or programming failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry, email or other information or the failure to capture, or loss of, any such or similar information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of emails or the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Sweepstakes or Web site, to be acting in violation of the terms of the Web site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any use of robotic, automatic, macro, programmed, third party or like entry methods will void all such entries by such methods, and disqualify any Participant using such methods. If, for any reason, Sweepstakes, as solely determined by Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Sweepstakes. In such event, Sponsor reserves the right, at its sole discretion, to determine the winner from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute regarding Internet entries, the authorized Web site registrant under whose email address and password the entry into the Sweepstakes was recorded at the actual time of entry will be deemed to be the Participant, and must comply with these Official Rules. Any attempt to deliberately damage any Web site or undermine the legitimate operation of the Sweepstakes is unlawful and subject to legal action by Sponsor or its agents.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PARTICIPANT. CHECK APPLICABLE LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. DISPUTE RESOLUTION/GOVERNING LAW: Except where prohibited, Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by an action in the state or federal courts of San Diego County, California and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees or disbursements; and (c) under no circumstances will Participant be permitted to obtain awards for and Participant 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. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Releasees in connection with the Sweepstakes shall be interpreted by Sponsor in its sole and absolute discretion, and shall be governed by and construed in accordance with the internal laws of the State of California including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's or jurisdiction's laws.
15. RULES REQUEST: For a copy of the Official Rules, send a written request with a self-addressed stamped envelope to: Mitchell 1 Sizzlin’ Summer Sweepstakes Official Rules, c/o MMS, 2 North Riverside Plaza, Suite 1220, Chicago, IL 60606. Request for Official Rules must be received by September 10, 2020.
16. WINNER LIST: A list of all winners may be obtained by mailing a self-addressed stamped envelope to: Mitchell 1 Sweepstakes Winner List, c/o MMS, 2 North Riverside Plaza, Suite 1220, Chicago, IL 60606. All requests for winner lists must be received by the Sponsor after September 10, 2020, but prior to September 30, 2020. Vermont residents may omit return postage.