Allison Transmission TC10® Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT AFFECT YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE
OFFICIAL RULES, WHICH ARE A CONTRACT BETWEEN YOU AND SPONSOR.
1. SPONSOR: The Sponsor of the TC10® Sweepstakes is Allison Transmission, Inc., One Allison Way, Indianapolis, Indiana 46222 (the “Sponsor”). All questions about this promotion should be made to the Sponsor. This promotion is in no way sponsored, endorsed, administered by, or associated with Apple, Inc.
2. SWEEPSTAKES PROMOTIONAL PERIOD: The Allison Transmission TC10® Sweepstakes (the “Sweepstakes”) begins at 8:00 a.m. EDT, June 30, 2016, and ends at 11:59 p.m. EDT, August 31, 2016 (the “Promotion Period”).
3. ELIGIBILITY: Candidates eligible to participate and have their names drawn in the Sweepstakes are certain customers of Sponsor located in the United States and District of Columbia as identified by Sponsor. The Sweepstakes is open only to those customers to whom this offer is addressed and who are 18 years of age or older. Sponsor shall contact those customers by e-mail, direct mail, or digital advertising to inform them of the Sweepstakes. By participating in the Sweepstakes, customers shall be deemed entrants (“Entrants”) and to have fully and unconditionally agreed to and accepted these Official Rules.
Employees, independent contractors, officers, directors of Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and immediate family members of each are not eligible to participate in the Sweepstakes. The Sweepstakes is void where prohibited or restricted by law. All federal, state, and local laws and regulations apply.
4. HOW TO ENTER: To enter, submit an entry form providing your name, company name, address, e-mail address, phone number, and approximate fleet size (“Registration Information”) on the TC10 Sweepstakes entry page at www.allisonTC10.com/tco.
LIMITS: Limit one entry per Entrant during the Promotional Period. All entries must be received by 11:59 p.m. EDT, August 31, 2016, in order to be eligible for the prize drawing. All entries become the property of Sponsor and will not be acknowledged or returned.
5. PRIZE, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE DRAWING: Sponsor will conduct a random prize drawing from all eligible entries received at the conclusion of the Promotion Period. The drawing will take place within five (5) business days of the Promotional Period. Odds of winning depend on number of eligible entries received. The drawing will be conducted by Sponsor, whose decisions are final on all matters relating to this Sweepstakes. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor. After September 15, 2016, Entrants may contact Sponsor for the name of the Winner.
PRIZE DETAILS: One Apple iPad Pro® valued at $400.00 (the “Prize”). If the Prize is unavailable, Sponsor may substitute an item of equal value for the Prize.
PRIZE WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with the Prize. The Winner will not be obligated to purchase any Sponsor products or services. Entrants indemnify, release, and hold Sponsor harmless from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the Prize resulting from participating in this Sweepstakes. Entrants acknowledge and agree that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the Prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the Prize awarded to Entrant.
6. WINNER NOTIFICATION & VERIFICATION: Sponsor will notify the potential prize winner by e-mail or direct mail and will provide a prize acceptance form for the potential prize winner to complete and return to Sponsor. The prize acceptance form must be received by Sponsor within 14 days from the date that Sponsor notifies the potential prize winner. Sponsor will deliver the Prize to winner within ten (10) days of verification of the executed prize acceptance form.
Sponsor shall have no liability for any potential prize winning notification mailing that is lost, intercepted, or not received by any potential prize winner for any reason. Sponsor is not responsible for lost, misdirected, illegible, late, or postage-due mailing sent by any potential prize winner. If, despite reasonable efforts, any potential prize winner does not respond within 14 days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will have forfeited his prize, and an alternate winner may be selected.
In the event any e-mail or direct mail to a potential prize winner is returned as undeliverable or a response is not received within 14 days, the Prize shall be forfeited. Noncompliance within this time period, the return of any prize or prize notification as undeliverable, or noncompliance with these Official Rules will result in disqualification.
If any potential prize winner is found to be ineligible, has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential prize winner will be disqualified. In the event of forfeiture or disqualification of a potential prize winner, an alternate potential prize winner may be selected in another random drawing on a date and time determined solely by the Sponsor.
7. GENERAL RULES: By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and by all of Sponsor’s and its agencies’ decisions, which are final and legally binding in all matters relating to this Sweepstakes. By entering the Sweepstakes, you agree to release, discharge, indemnify, and hold harmless the Sponsor, its affiliates, officers, directors, employees, representatives, and agents from and against any claims, damages, or liability due to any damages, or losses or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize or participation in this Sweepstakes or any Sweepstakes-related activity. Entrants, potential prize winners, and Winner further agree, in connection with participating in this Sweepstakes, not to pursue any right, claim, or action against Sponsor, its affiliates, officers, directors, employees, representatives, or agents.
Sponsor is not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible, or misdirected entries. In case of a dispute as to the owner of an entry, such entry is be deemed to have been submitted by the authorized account holder of the e-mail address provided in the entry form. The authorized account holder is deemed as the natural person assigned to an e-mail address by an Internet access provider, service provider, or other organization responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
Sponsor reserves the right, at its sole discretion, to disqualify any individual whom it suspects has tampered or attempted to tamper with the entry process or the operation of the Sweepstakes, or who violates the Official Rules. If for any reason the Sweepstakes is not capable of running as planned, including due to tampering, unauthorized intervention, fraud, technical failure, human error, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and award the prize from among all eligible entries received prior to cancellation or termination. The Prize is nontransferable, and no substitutions are allowed, except at the Sponsor's sole discretion. No cash equivalent or exchange of prizes is permitted, except at the Sponsor's sole discretion. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted online at www.allisonTC10.com. Caution: Any attempt by any Entrant or any other individual or entities to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek any and all damages and remedies to the fullest extent of the law.
8. TAXES & FEES: All taxes, fees, and surcharges for the Prize and all expenses not explicitly included in the description of the Prize shall be the sole responsibility of the Winner.
9. GOVERNING LAW & REMEDIES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Indiana. This Sweepstakes is void where prohibited. Sponsor and Entrants agree that the state courts of Indiana shall have sole jurisdiction over any judicial proceeding for disputes, claims, and causes of action arising out of the Sweepstakes, and the venue for any such judicial proceeding shall be Marion County, Indiana.
BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE 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, 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), NOT TO EXCEED FIFTY DOLLARS ($50.00), 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), 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.