SWEEPSTAKES RULES
No purchase or transaction necessary to enter or win. Product purchase or transactions conducted at Vcom® Units will not enhance chances of winning a prize.
1. ELIGIBILITY
The “Ultimate Tailgate” Sweepstakes (the “Sweepstakes” or “Promotion”) is offered and open only to members of your Credit Union (“CU”) and members of other credit unions that participate in CU Service Centers® Network, DBA Financial Service Centers Cooperative, Inc. (“FSCC”) CU Service Centers Network (“FSCC CU Service Centers® Network) who are at least 15 years old at the time of entry. Employees, directors and volunteers of CU and FSCC, affiliated and subsidiary companies, advertising and promotion agencies, legal advisors, and the immediate family or members of the households of such employees, directors and volunteers are not eligible. By entering, you (and your parents and legal guardians if you are a minor) agree to these Official Rules and the decisions of FSCC, which are final and binding in all respects.
Void where prohibited by law.
2. PROMOTIONAL PERIOD
Promotional period begins on October 1, 2009 at 5:00 a.m. Pacific Time (PT), and ends on November 30, 2009 at 11:59:59 p.m. PT (“Promotional Period”). The Promotional Period shall consist of consecutive 24-hour periods (each a “Day”) commencing as of 5:00 a.m. PT each day and ending on the following day at 4:59:59 a.m. PT, except that the final Day of the Promotional Period shall end at 11:59:59 p.m. PT. FSCC reserves the right to terminate the promotion by giving notice during any calendar month, deemed appropriate by CU and FSCC, in which case the Promotion will terminate on the date established in the notice. The Grand Prize will nevertheless be awarded as stated below in the event of any early termination based upon all entries received prior to the moment of termination.
3. ENTRY
There is one way to enter:
To enter the Sweepstakes you must visit a Vcom Unit at one of the select 7-Eleven® Vcom® locations listed on www.cuswirl.com and on the touch screen select CU Service Centers, then your credit union name, then enter your account number and swipe a plastic card that will identify you as the owner of the account. Only owners of accounts at credit unions that participate in the FSCC CU Service Centers® Network are allowed to enter and participate.
CU and FSCC reserve the right to offer additional methods of entry from time to time during the Promotional Period. The number of entries for any activity or action may be changed by CU and FSCC at any time in their sole discretion.
You cannot exceed a maximum of 3 entries in any Day per account unless the maximum number of entries per Day is increased or decreased in accordance with these Rules, in which case said increased or decreased maximum will become the maximum number of entries permitted per Day. Any entries in excess of 3 per Day per account (or the maximum as increased or decreased in accordance with these Rules) accumulated in any Day will not be credited nor carried forward to the next Day (unless otherwise disclosed).
Entrants may not enter with multiple identities nor may entrants use any other device or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple identities or uses any device or artifice to obtain more than the maximum number of entries may be disqualified. All entries (up to the maximum) accumulated in any Day will become entries into the Grand Prize drawing. CU and FSCC reserve the right to increase or decrease the maximum number of entries permitted per Day. Any such increase, decrease will be announced, in a manner deemed appropriate by CU and FSCC in which case the increase or decrease will become effective on the tenth following the date on which notice is given. CU and FSCC shall, however, be under no obligation to make any such increase or decrease.
No participant can receive more than the maximum number of permitted entries for the Promotional Period, which number shall be 3 per day for the entire Promotional Period.
4. DRAWING
One Grand Prize Winner will be selected by random drawing from all eligible entries received at Vcom® Units from owners of accounts at all credit unions that participate in FSCC CU Service Centers® Network. The drawing for the Grand Prize will take place on or about December 10, 2009. The drawing will be conducted under the supervision of FSCC. The amount of the Grand Prize shall be as stated in Section 5 of these Rules.
To be declared a Winner, you do not need to be present at the drawing.
5. PRIZE/ODDS
(1) Grand Prize: There will be five Grand Prizes awarded for the entire Promotional Period. The Grand Prize winners will receive two $500 Credit Unions for Kids VISA Gift Cards ($1000 total value) which can be used for purchases at merchants that accept VISA debit cards (not redeemable or usable for cash). The Grand Prize winners shall be determined by random drawing. Odds of winning the Grand Prize depends on the number of eligible entries received for the drawing. FSCC reserves the right in its sole discretion to provide the winner with a substitute Grand Prize or other prize of equal or greater value. Such Qualified Prize Option could be subject to the requirements of section 451(h) of Title 26 of the U.S. Code, including the requirement that such an option be exercised within sixty (60) days of the winner’s entitlement to receive such prize. Further, if the winner elects the Grand Prize, the winner agrees to release FSCC and the CU from all liability and responsibility for payments of the prize.
No assignment, transfer or substitution of prize is permitted.
Taxes are the sole responsibility of winner.
A prize won by a minor (as minor is defined by the jurisdiction of minor’s residence) will be awarded in the name of, or to, the minor’s parent or legal guardian, or as may otherwise be deemed appropriate by FSCC, in its sole judgment. The parent or guardian of a winning-minor must execute all documents and agree to all obligations and undertakings on behalf of himself/herself and the winning minor or prize may be forfeited and awarded to an alternate winner.
6. GENERAL CONDITIONS
Winners, and winners’ parents or legal guardians if winner is a minor (both on behalf of themselves and winner) must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 7 days of notification. Failure to timely return documents, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be in compliance with these Official Rules or otherwise ineligible, may result in disqualification with an alternate winner selected.
Where permitted by law, winner, and winner’s parents or legal guardians if winner is a minor (both on behalf of themselves and winner), grant to CU and FSCC, and those acting pursuant to its direction or control, (and agree to confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration and without notification, review or approval.
Participants, (and participants parents or legal guardians if participant is a minor (both on behalf of themselves and winner), release and agree to hold harmless CU, FSCC, 7-Eleven, Cardtronics, and other credit unions that are participating in the Sweepstakes, their respective affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Grand Prize or any other prizes, participation in this Sweepstakes, or participation in any of this Sweepstakes’-related activity.
FSCC reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Vcom Unit; to be in violation of the Terms of Service of the Vcom Unit; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of FSCC, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, FSCC reserve the right to cancel, terminate, modify or suspend the Sweepstakes and conduct a random drawing to award the Grand Prize using all eligible non-suspect entries received as of the termination date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at each Vcom Unit.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY VCOM UNIT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FSCC RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
7. LIMITATIONS OF LIABILITY
NEITHER FSCC NOR CU NOR 7-ELEVEN NOR CARDTRONICS ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE VCOM UNITS. NEITHER FSCC NOR CU NOR 7-ELEVEN NOR CARDTRONICS IS RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY ENTRY TO BE RECEIVED BY CU OR FSCC ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR, INACCESSIBILITY OF LOCATION OR VCOM UNIT FOR ANY REASON WHATSOEVER, OR ANY COMBINATION THEREOF.
NEITHER FSCC NOR CU NOR 7-ELEVEN, NOR CARDTRONICS IS RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES.
IN NO EVENT WILL CU , OR FSCC OR 7-ELEVEN, OR CARDTRONICS, OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION, ACCESS TO AND USE OF VCOM UNITS. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THIS PROMOTION IS 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.
8. ARBITRATION AND DISPUTES
As a condition of participating in this Promotion, participant (and their parents/legal guardians if participants are minors) agrees that any and all disputes which cannot be resolved between FSCC, CU, participant or any other party, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant, CU and FSCC or any other party in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of San Dimas, County of Los Angeles, California.
9. WINNER’S NAME
The sole Grand Prize winners will be notified by his/her credit union and the name of the Grand Prize winners will be posted at http://www.cuswirl.com/tailgate. For a copy of the name of all the Grand Prize winners, write your credit union or FSCC at 924 Overland Court, Suite 220, San Dimas, CA 91773.