Text for a Chance to Win Sweepstakes
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No purchase or payment of any kind is necessary to enter or win this sweepstakes. TEXT MESSAGING IS NOT REQUIRED FOR ENTRY. A purchase or payment will not increase your chances of winning. VOID WHERE PROHIBITED BY LAW OR REGULATION. You must be at least 18 years of age or older, a legal resident of, and reside within, one of the 50 United States or the District of Columbia (“U.S.”), at the time of entry to participate in this Sweepstakes. If you enter via text message, each message sent or received may incur a charge as provided in your rate plan. If you enter via text message, you agree that you are providing sponsor express, written consent for you to receive text messages regarding the sweepstakes using automated technology.
- SWEEPSTAKES TIMING:
The Text for a Chance to Win Sweepstakes (the “Sweepstakes”) begins on Friday, November 17, 2017 at 12:00:01 a.m. Eastern Time (“ET”) and ends on Wednesday, January 31, 2018 at 11:59:59 p.m. Eastern Time (“ET”) (the “Entry Period”). Administrator’s designated database clock will be the timekeeper for this Sweepstakes. At the end of the Sweepstakes Period, a random drawing will be conducted from among all eligible entries received to award three (3) prizes. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each Entrant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Nissan North America, Inc., One Nissan Way, Franklin, TN 37067-1634 (the “Sponsor”) and COHEN-FRIEDBERG ASSOCIATES, LLC, 17 Lantern Road, Suite #1, Framingham, MA 01702 www.cfapromo.com (the “Administrator”), whose decisions shall be final and legally binding in all respects.
Participation open only to legal residents of the fifty United States or the District of Columbia who are at least eighteen (18) years old or older (or the age of majority in their state of legal residence, whichever is older) at the time of entry. Sweepstakes is void outside of the 50 United States and the District of Columbia and where prohibited by law or regulation. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law, or persons who are not legal citizens of the United States, will be disqualified. Employees, officers, and directors of Sponsor, Administrator, Walt Disney Studios Motion Pictures, and each of their respective directors, officers, shareholders, and employees, affiliates, subsidiaries, distributors, and agents, including but not limited to their respective advertising and promotion agencies, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the promotion agents (collectively, the “Sweepstakes Entities”), and each of their immediate family members (as defined by the IRS including spouse and parents, children and siblings and their spouses) and/or people living in the same household (whether or not related) are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor.
- HOW TO ENTER:
By participating in this Sweepstakes, each entrant (“Entrant”) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Administrator, which are final and legally binding in all matters related to the Sweepstakes.
There are two ways to enter the Sweepstakes:
Via text message. Enter the Sweepstakes by texting “helmet” to 84444.
By texting, you authorize Administrator to send an autodialed reply text to the number you provide. Your Text is your electronic signature agreeing to these terms and giving electronic written consent. Text method of entry requires 2-way text message capable phone and digital service. For every text you send, you will receive 1 text reply back. Notice: Your mobile provider may charge you for each text sent/received. Warning: message and data charges may apply. For help send HELP to 84444. Send STOP to 84444 to cancel.
Entering this Sweepstakes via your wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Mobile device service may not be available in all areas. Sponsor is not responsible for any charges.
Limit: You may enter only one time during the Entry Period, whether via text message or mail. Entries in excess of any stated limitation & entries generated by script, macro or other automated means or any means that subvert the entry process will be void. All entries become the property of Sponsor.
NOTE: Entry must be made by the Entrant only. Entries made by any other individual or any entity, including but not limited to automatic, robotic, programmed or commercial sweepstakes subscription notification and/or entering services, or any use or more than one (1) email address per entrant, is prohibited and will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor or Administrator, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
- PRIZES/ODDS/APPROXIMATE RETAIL VALUE (“ARV”)
Only one (1) prize per person will be awarded. Once an Entrant has been selected for a prize, Entrant is removed from the drawing and is no longer eligible to win additional prizes. Only the prizes listed below will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received.
Three (3) First Prizes: Each winner will receive one (1) Nissan-Exclusive Executioner Trooper Collectable Helmet. ARV $500 each
Total ARV of all prizes in this Sweepstakes is $1,500.
The Winner will not receive the difference between the actual and approximate retail value of the prize. Sponsor and or Administrator will not replace any lost, mutilated, or stolen prizes.
All other costs and expenses not specified herein, if any, are the responsibility of the winner. Prizes are non-assignable and non-transferable. All details and other restrictions of any prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
WINNER SELECTION AND NOTIFICATION:
A random drawing to be conducted on or about Tuesday, February 6, 2017 from all eligible entries received during the Entry Period.
Conduct of the Sweepstakes and the drawing are under the supervision of the Administrator. Potential prize winners will be notified by phone and/or by email whichever is deemed appropriate by the Administrator, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (48) hours 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 forfeit his or her prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected.
GENERAL PRIZE RESTRICTIONS/CONDITIONS:
Each prize winner shall be solely responsible for all federal, state, provincial and/or local taxes, and the reporting consequences thereof, sales tax, use tax, surcharges, personal expenses, and all other costs incurred in claiming the prize. Entrants agree that Sweepstakes Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes related activity, including but not limited to travel related to any prize activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor makes no warranties, and disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- PUBLICITY RELEASE:
Acceptance of any prize shall constitute winner’s agreement and consent to Sponsor and its designees’ use of winner’s name, city, state, likeness, photo, avatar, and/or prize information in connection with this Sweepstakes (collectively, the “Attributes“), for promotional, advertising or other purposes, in any manner perpetually, worldwide, royalty-free, in any and all media now known or hereafter devised, including the Internet, without limitation and without further compensation, notification, permission or other consideration, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.
8. Release of Liability / Conditions of Participation.
A. Transmission of Information. By entering this Sweepstakes, you agree to release and hold harmless Sponsor, Administrator, Walt Disney Studios Motion Pictures, and each of their respective directors, officers, shareholders, and employees, affiliates, subsidiaries, distributors, and agents, including but not limited to their respective advertising and promotion agencies, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the promotion agents, and all of their respective parent companies, subsidiaries, affiliates, agents, franchisees, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies, and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”), are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or this Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of this Sweepstakes, the uploading, the processing or random selection of entries, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged or stolen entries or mail; (6) costs associated with claiming or redeeming the prizes; nor (7) loss or damages resulting from an Entrant’s connection to the internet via any of the websites contained herein. Released Parties are not responsible for any incorrect, mis-transcribed, misdirected or undeliverable entries, E-mail transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user’s Internet service provider and/or E-mail client or for insufficient space in user’s E-mail account to receive E-mail. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to Entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor or Administrator.
B. Reservation of Rights. Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of this Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winners from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.
C. Release and Indemnity. By participating, Entrant indemnifies, releases and agrees to hold harmless the Released Parties, their parents, affiliates and subsidiaries, and other entities involved in the development / production / administration of the Sweepstakes, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, 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, arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or acceptance, receipt, possession or use/misuse of any prize and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.
D. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES CONNECTION AND/OR PARTICIPATING IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- FORCE MAJEURE:
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor has the right (time permitting to select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more potential bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- GOVERNING LAW/JURISDICTION:
For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Williamson County, Tennessee; provided that any and all disputes, claims and causes of action arising out of or connected with Walt Disney Studios Motion Picture, including without limitation, the intellectual property of Walt Disney Studios Motion Pictures, shall be resolved individually, without resort to any form of class action, shall be governed and construed in accordance with the laws of the state of California and in the event of any dispute, all Entrants irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California to resolve such disputes. The parties agree not to raise the defense of forum non conveniens.
- ARBITRATION PROVISION:
By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
- WINNERS LIST:
To obtain a copy of these Official Rules visit www.cfapromo.com/helmet, or for the winners list, send a self-addressed stamped envelope to: Nissan Text for a Chance to Win Sweepstakes Winners, PO Box 2001, Framingham, MA 01703-2001. Winners list will be available after 2/9/18. All such requests must be received by 2/26/18.
© Nissan North America, Inc. All Rights Reserved.
Star Wars: The Last Jedi © 2017 and TM Lucasfilm Ltd. All rights reserved.
The use of any name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.