The Dial 7 Apple Watch Promotion Program– Terms & Condition
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN and making a purchase or utilizing the services of the Sponsor does not increase your chances of winning.
The Dial 7 Car and Limousine Service Apple Watch Promotion Program (the "Program") is sponsored by Dial 7 Car and Limousine Service, Inc. ("Sponsor"). This Program is governed by the terms and conditions of these official rules ("Official Rules"). By entering into and/or participating in the Program (“Participant”), each Participant agrees to abide by these Official Rules, including, but not limited to, all eligibility requirements, and understands that the results of the Program, as determined by Sponsor and its agents, are final in all respects. The Program is subject to all federal, state and local laws and regulations and is void where prohibited by law. This promotion is in no way sponsored, endorsed or administered by, or associated with Apple. All Participants agree to release Apple from all liability related and/or associated with this Program. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Apple.
BY ENTERING THE PROGRAM, EACH PARTICIPANT AGREES THAT THEY HAVE REVIEWED, HAVE ACCEPTED AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
PLEASE READ THESE OFFICIAL RULES CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SPONSOR. In these Official Rules, the words "including" and "include" mean "including, but not limited to."
PLEASE BE ADVISED: This program an these rules CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS you and sponsor may HAVE AGAINST EACH OTHER CAN BE BROUGHT pursuant to the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT provided herein below. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU may HAVE AGAINST sponsor TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A PARTICIPANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT provided herein below. By participating in this Program, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 12) and accept all its terms.
The Program is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all other territories) and where not prohibited by law. Participants must be individuals who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Program Period. The Sponsor shall have the right to verify the eligibility of each Participant. Employees, agents, officers and directors of the Sponsor along with its parents, affiliates, subsidiaries, divisions, advertising, promotional and marketing agencies (collectively, together with Sponsor, the "Program Entities") along with their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Program. By entering the Program, Participant agrees to release, discharge and hold harmless Apple, Program Entities, their respective parents, affiliates, subsidiaries, divisions, agencies and their respective officers, directors, employees and agents, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Program or any portion thereof, or the acceptance, use/misuse of the prize or any portion thereof. By participating, you agree to these Official Rules and to the decisions of the Program Entities, whose decisions are final and binding in all respects. Void in Puerto Rico, all other territories and where prohibited by law, rule or regulation.
2. Program Period.
The Program begins on ___________, ______ 2018 at 12:00 Noon, Eastern Standard time and ends at ___________,______ 2018 at 12:00 Noon, Eastern Standard time. ("Program Period"). All individual and collective entries (submissions) must be received on or before the time stated during the Program period. Sponsor reserves the right to extend or shorten the Program Period at its sole and exclusive discretion.
3. How to Enter.
5. Program Prize.
For purposes of this Program, “Prize” means an Apple Watch Series 4. The connectivity, case material, band type and band color associated with the Prize will be determined by the Sponsor in its sole, exclusive and unfettered discretion.
6. Selection of Winner(s) and Notification. Selection of the winner(s) will be conducted on a monthly basis by random drawing from all eligible entries submitted the month prior to the selection date. For example, starting on or about December 15, 2018 (the “Drawing Date”) a random drawing will be conducted from all eligible entries submitted in the month of November, 2018. Any potential winner will be notified by email. If a potential winner: (i) cannot be contacted; (ii) does not respond within 30 (thirty) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release to be sent to the Winner after notification; (iv) refuses the Prize; and/or (v) the Prize or Prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the Prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation, the execution of required releases, waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, such individual will be declared the “winner” of the Promotion for that particular month selection.
Claiming of prizes requires an email response to the Sponsor from the winning sender email address within 30 (thirty) days of being notified of winning at the email address used to enter. Failure to respond within 30 (thirty) days of being notified shall mean that the winner forfeits the Prize. Program Entities are not required to award elsewhere any Prizes forfeited by the chosen winner(s).
7. General Conditions and Limitations on Liability.
The Program Entities are not responsible for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software or web site. The Program Entities are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, for incorrect or inaccurate entry information, howsoever caused, or other error of any kind whether human, mechanical or electronic. Participants found tampering with, using a bot or abusing any aspect of this Program, as solely determined by the Program Entities, will be disqualified. If disqualified for any of the above abuses, the Program Entities reserve the right to terminate Participant's eligibility to participate in the Program. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be in violation of criminal and civil law, and, should such an attempt be made, the Program Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor and the Program Entitiesʼ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Program Entities reserve the right to terminate, cancel, suspend and/or modify the Program if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Program, as determined by any of the Program Entities in its sole discretion. In the event of a dispute as to the identity of a Participant, the authorized account holder for the email address in question shall submit proof to the Sponsor, in a form and manner to be determined by the Sponsor, that such account holder is the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide any documents and/or information, as requested by the Sponsor, to prove that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
By entering the Program and/or accepting the Prize, entrants/Participants/Prize winners agree to: (a) be bound by these rules; (b) release the Program Entities, their parent companies, or organizations, subsidiaries, affiliates, advertising and promotion partners, fulfillment and/or agents and their estate and/or family members from all liability, claims, action, or proceedings relating to the Program and from injuries or damages arising in connection with or relating to participation in the Program, use or misuse of the Prize or use of the Sponsor's administrative services in connection with the Program; and (c) waive any right to claim ambiguity in the Program or these Official Rules. By accepting the prize, winner further acknowledges that the Sponsor and any other entity involved with this Program 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, relative to the Prize or Prize suppliers or to any portion thereof, including but not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose including, without limitation, use of and utilization of the Prize. All taxes and other expenses not specified herein, including federal, state, local, and departure, licenses and registrations, are the sole responsibility of the winner. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Program, to void suspect entries and/or cancel, terminate or suspend any portion of this Program should a virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Program and, in any such event, at its sole discretion, select winners from eligible, non-suspect entries received prior to the event requiring such termination, cancellation or suspension.
8. Odds of Winning.
The odds of winning the Prize from this Promotion depends on the
number of eligible entries received by the Sponsor each month during the entire Promotion Period.
9. Consent and Release. By entering the Program, each Participant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Program, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his/her name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any Prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be returned within 30 (thirty) days from the date that Sponsor first tries to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified and the Prize may be awarded to an alternate winner.
10. Disclaimers. (i) Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv). (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. Except as provided in Section 12, this Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. This choice of law provision is only intended to specify the use of New York law to interpret this Agreement and is not intended to create any other substantive right to assert claims under New York law whether by statute, common law, or otherwise.
12. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between Sponsor and Participant
Sponsor AND Participant MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Program terminates. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between Participant and Sponsor, including Sponsor’s affiliates, subsidiaries, parents, successors and assigns, and each of Sponsor’s respective officers, directors, employees, agents, or shareholders. Each of Sponsor’s respective officers, directors, employees, agents, or shareholders shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN Sponsor AND Participant. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Program and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the administrative services made available to Participant by Sponsor through this Program, Participant’s relationship with Sponsor, the threatened or actual termination of the Program, determinations made by Participant relative to this Program, the awarding of prizes and any prize that is alleged to be owed to you by Sponsor, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under Section 349 and/or Section 350 of New York General Business Law and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, Sponsor and Participant UNDERSTAND THAT both parties ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT Participant and Sponsor MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT Sponsor and Participant BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both Sponsor and Participant will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Participants. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(d) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If Participant initiates arbitration under this Arbitration Agreement and is otherwise required to pay a filing fee under the relevant AAA Rules, Sponsor agrees that your share of the filing and arbitration fees is limited to 50% of the total filing fee, and that, after you submit proof of payment of the filing fee to Sponsor, Sponsor will promptly reimburse Participant for 50% of the filing fee. If, however, the arbitrator finds that either the substance of Participant’s claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
If Sponsor initiates arbitration under this Arbitration Agreement, Sponsor will pay all AAA filing and arbitration fees.
Except as provided in Federal Rule of Civil Procedure 68 or any New York state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws Participant may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Participant agrees that it will not seek such an award.
(f) Location and Manner of Arbitration.
Unless Sponsor and Participant agree otherwise, any arbitration hearings will take place in the County, City and State of New York. If AAA arbitration is unavailable in New York County, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction in and for the County, City and State of New York; (2) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
(h) Opt Out.
If you do not wish to be subject to this Arbitration Agreement, you may opt out of arbitration by notifying Servicer in writing of your desire to opt out of arbitration, which writing must be dated, signed and delivered by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to:
President, Dial 7 Car and Limousine Service, 43-23 35th Street, Long Island City, NY 11101.
In order to be effective, (a) the writing must clearly indicate your intent to opt out of this Arbitration Agreement; and (b) the writing must include your name, phone number, home address and email address; and (c) the envelope containing the signed writing must be sent within 10 days of the date this Agreement is executed by you. Should you not opt out within the 10-day period, you and Sponsor shall be bound by the terms of this Arbitration Agreement in full. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right opt- out of this Arbitration Agreement.
In addition to the severability provisions in subsections (b) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
13. Announcement of Winners.
During the Promotional Period, the announcement of the winners will be on or about the 15th of each month and will be announced via the Sponsor’s website located at www.Dial7.com.
The winners agree to participate in our Instagram wall and send us a picture of themselves with their new Apple Watch.
This Program is sponsored by Dial 7 Car and Limousine Service, 43-23 35th Street Long Island City, NY 11101.