Winning Name Here Contest
The Winning Name Here Contest
The Love’s Winning Name Here Naming Contest (the “Contest”) is sponsored by Love’s Travel Stops & Country Stores, Inc., an Oklahoma corporation, with its principal place of business at 10601 N. Pennsylvania, Oklahoma City, OK 73120 (“Love’s”).
IN CONSIDERATION OF LOVE’S ALLOWING YOU TO ENTER THE CONTEST, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES (THE “AGREEMENT”). YOU ACKNOWLEDGE AND AGREE THAT YOUR ENTRANCE INTO THE CONTEST CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, HAS THE SAME EFFECT AS MANUALLY SIGNING THIS AGREEMENT WITH LOVE’S AND CREATES A VALID, BINDING CONTRACT BETWEEN YOU AND LOVE’S. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ENTER THE CONTEST.
1. GENERAL RULES – CONSUMER DISCLOSURE
There is no purchase or payment of any kind necessary to enter or win this CONTEST.
The Contest is open to individuals who are legal residents of the United States and are eighteen (18) years or older at the time of entry; however, the Contest is void outside the 50 United States, the District of Columbia, Canada, Mexico, and where otherwise prohibited or restricted by law. Officers, directors, employees and agents of Love’s and its respective affiliated companies, agencies, and immediate families (collectively, the Love’s Affiliates) are not eligible. Any individual who does not comply with the rules and regulations set forth is subject to disqualification. All federal, state, and local laws apply.
2. ENTRY PROCEDURES
To enter the Contest, (a) visit the Love’s Travel Stops & Country Stores Facebook page at Love’s Travel Stops Facebook during the Contest Period; and (b) in response to Love’s post relating to the Winning Name Here Contest (the “Post”), post a response in the comment box using the Facebook “Comment” or “Reply” functionality on the Post thread (“Name or “Entry”). “Liking” the Post or posting on the Love’s Travel Stops & Country Stores Facebook page wall does not constitute a valid Entry. Once you post a response in the comment box, you will be entered into the drawing.
To enter the Contest, (a) follow the Love’s Travel Stops & Country Stores Instagram page at Love’s Travel Stops Instagram during the Contest Period; and (b) in response to Love’s post relating to the Winning Name Here Contest (the “Post”), post a response using the comment feature (“Name” or “Entry”). Once you complete these steps, you will be entered into the drawing.
To enter the Contest, (a) follow the Love’s Travel Stops & Country Stores Twitter page at Love’s Travel Stops Twitter during the Contest Period; and (b) in response to Love’s tweet relating to the Winning Name Here Contest (the “Post”), tweet a response tagging @lovestravelstops (“Name” or “Entry”). Once you complete these steps, you will be entered into the drawing.
An Entry must be in keeping with the Love's image, and may not be racially, ethnically or otherwise offensive in any way, lewd, vulgar, indecent, obscene, violent or discriminatory, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity's intellectual property, personal or proprietary rights, as determined by Love’s in its sole discretion. An Entry must not contain any email addresses, phone numbers, addresses, URL's or other forms of personal information. An Entry must not include references to other products, advertisements, “spam” content, offers or websites. Love’s reserves the right, at its sole discretion, to delete or hide any Entry posted that Love’s feels is inappropriate, objectionable and/or inconsistent with these Official Rules or the positive image and/or good will it wishes to promote in this Contest. If an Entry is deleted or hidden by Love’s, the Entry is automatically disqualified. Love’s reserves all rights, including the right to edit, publish, use, adapt, modify, remove or dispose of any Entry and proper names, for advertising and promotional purposes in all media now or hereafter known worldwide, in perpetuity, (including, but not limited to, the internet and social networking sites) without additional compensation, notification or permission, except where prohibited by law.
One (1) Name will be chosen by Love’s as the most appropriate name for the Winning Name Here, in Love’s reasonable discretion. The Winner will receive a $100 Love’s gift card (ARV: $100). Winners are not required to pay shipping or handling fees or any other charges to obtain or use a prize.
The odds of winning depend on the total number of valid entries received.
5. CONTEST PERIOD
(1) The Contest Period begins AT 3:00:00 P.M. CT on Friday, April 29, 2016 and ends at 9:00:00 A.M. CT on May 28, 2016.
6. WINNER SELECTION, NOTIFICATION AND PRIZE COLLECTION
Potential Winners will be notified using the “Reply” or “Comment” functionality within seven (7) days from the end of the designated time period, and will be asked to send an email to Love's Social with their date of birth, mailing address (no P.O.Box permitted) and email address to confirm their winner status and officially accept the prize. Once received, Love’s will send a reply to the Potential Winner confirming their winner status and will fulfill the prize after confirmation. Potential Winners must respond to the initial notification within three (3) business days, otherwise prize will be forfeited. In the event that multiple Entries are received with the same Name, the Winner will be the first person who submitted the Name based on the timestamp on the Twitter reply, Facebook comment or Instagram comment. In the event the person associated with the randomly selected winning entry cannot be verified within three (3) business days of notification, the prize will be forfeited and the backup entries will be contacted until a winner is verified. If necessary, subsequent random drawings will be conducted until a winner can be selected and verified. Winners may not substitute or transfer prizes. Each winner hereby releases, in advance, all liability and waives any claims HE OR SHE may have against Love’s, TWITTER, INSTAGRAM, Facebook in connection with THE CONTEST.
7. CONDITIONS OF PARTICIPATION
8. REPRESENTATIONS AND WARRANTIES
Eligible Participants represent and warrant the following: 1) that he/she is the original author and sole owner of or has rights to any and all Entry materials posted, uploaded, or otherwise submitted; 2) the Entry will not, in Love’s sole discretion, infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or violates any third party rights of publicity or privacy; 3) that the Entry is not the subject of any actual or threatened litigation or claim; and 4) that the Entry material is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, as determined by Love’s, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law.
Except where prohibited by law, by entering the Contest, each participant licenses and grants full permission to Love’s to use the participant’s name(s), address, image, comments and likenesses for online posting, and/or any advertising and publicity that Love’s or any of its affiliates, successors, or business partners deem necessary without additional compensation. Participants hereby relinquish all rights, title, and interest in any advertising or publicity material and waive all rights to payment or compensation therefore or for the use thereof, and consent to any publicity materials created by Love’s using participant’s name, address, or likeness associated with the Contest. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of the prize.
10. ASSIGNMENT OF RIGHTS TO NAME You agree that, by entering the Contest, you irrevocably assign and transfer to Love’s all right, title and interest in the Name throughout the world, including, without limitation, all trademark rights, and you agree to execute any additional documents Love’s may deem necessary to evidence or effectuate such assignment. Love’s rights with respect to the Entry include, but are not limited to: (a) the exclusive right to use, publish, display or reproduce the proposed Name on products, packaging, advertising for purposes of trade and any other lawful purpose; (b) the exclusive right to alter, revise or change the Entry in any way; (c) the exclusive right to secure trademark and copyright registrations and other rights in the entry anywhere throughout the world; (d) the exclusive right to license, exploit, sell, assign, or otherwise dispose of the entry or any of the said rights included therein for any purpose which Love’s may see fit; and (e) any and all subsidiary rights in the Entry.
10. DISCLAIMER AND LIMITATION OF LIABILITY
By entering, each participant agrees that Love’s and the employees, officers, directors, shareholders, agents, and representatives of Love’s and its affiliates are released from and shall not be liable for any: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) telephone, electronic, hardware, or software program, virus, network, Internet, or computer malfunctions, failures, errors or difficulties; (iii) any condition caused by events beyond the control of Love’s that may cause the Contest to be disrupted or corrupted; (iv) any injuries, losses, taxes, assessments, fees or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the Contest; or (v) any printing or typographical errors in any materials associated with the Contest, whether or not caused by or attributable to participant’s participation in the Contest
This Contest is in no way sponsored, endorsed, administered by, or associated with, Instagram, Twitter, or Facebook.
11. RELEASE OF LIABILITY; INDEMNIFICATION
ALL PARTICIPANTS HEREBY RELEASE, DISCHARGE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LOVE'S (AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES THEREOF) FROM AND AGAINST ANY AND ALL INJURIES, LOSS, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES), ARISING OUT OF OR RELATED TO THE CONTEST, ADVERTISING AND PUBLICITY MATERIALS PRODUCED AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE CONTEST, OR PARTICIPANT’S RECEIPT, USE AND/OR MISUSE OF ANY PRIZE.
ALL PARTICIPANTS HEREBY RELEASE, DISCHARGE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FACEBOOK, TWITTER, AND INSTAGRAM (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES THEREOF) FROM AND AGAINST ANY AND ALL INJURIES, LOSS, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES), ARISING OUT OF OR RELATED TO THE CONTEST, ADVERTISING AND PUBLICITY MATERIALS PRODUCED AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE CONTEST, OR PARTICIPANT’S RECEIPT, USE AND/OR MISUSE OF ANY PRIZE.
12. VIOLATION OF THIS AGREEMENT; AMENDMENT; CANCELLATION
13. INQUIRIES OR QUESTIONS
Any inquiries or request for a copy of the Official Rules regarding the Contest, including any request to be removed from the Contest, may be sent by email to firstname.lastname@example.org or by regular mail to Love’s Travel Stops & Country Stores, Inc., Attn: Communications Department – Winning Name Here Contest, 10601 N. Pennsylvania, Oklahoma City, OK 73120.
14. WINNERS LIST
For official Winners list, send a self-addressed, stamped #10 envelope postmarked by June 15, 2016 to: “Winning Name Here Contest” Winners List request, Love’s Travel Stops & Country Stores, Inc., Attn: Communications Department, 10601 N. Pennsylvania, Oklahoma City, OK 73120.
This Contest is governed by the laws of the United States and the State of Oklahoma, without respect to conflict of law doctrines. As a condition of participating in this Contest, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Oklahoma having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.