Hercules Strong Move Sweepstakes

One winner will be selected each month. This sweepstakes ends on December 1, 2023 at 11:59 pm EST.

THE HERCULES® TIRES STRONG MOVE SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

 1. Sweepstakes Period

The Hercules® Tires Strong Move Sweepstakes (the “Sweepstakes”) begins at 11:59 pm Eastern Standard Time (“EST”) on February 23, 2023 and ends at 11:59 pm EST on December 10, 2023 (the “Sweepstakes Period”). Sponsor’s clock is the official clock of the Sweepstakes.  

 2. Eligibility

The Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who the age of majority in their state of residence (19 in Alabama & Nebraska, 18 in all other states) at the time of entry. Employees, officers, directors, representatives and agents of Hercules Tire & Rubber Company (“Sponsor”), American Tire Distributors, and each of their respective parent and affiliated entities, agencies, distributors, wholesalers and retailers, advertising and marketing agencies and any party involved with the administration of the Sweepstakes (collectively, the “Sweepstakes Entities”) and members of each such employees’ and agents’ respective immediate families (parent, spouse, child, grandparent, grandchild, sibling and their respective spouse) and household of each such employees, are not eligible to enter or win the Sweepstakes. Void where prohibited or otherwise restricted by law.  By participating, you agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

3. How to Enter

During the Sweepstakes Period, enter the Sweepstakes using one (1) of the following methods:

 Survey Method: To enter by completing the survey, (i) attend one (1) of the following events (each, an “Event”) set forth in the chart below; (ii) locate the Hercules Tire & Rubber Company booth at the Event; (iii) the Sponsor’s brand ambassador will have a survey (the “Survey”) on Sponsor’s tablet or use mobile phone to scan the QR code at the booth; and (iii) follow the instructions to fill out the Survey completely and accurately, including providing the contact information requested (name, date of birth, email address, cell phone number,). By submitting the completed Survey during the Sweepstakes Period, you will receive one (1) entry into the Sweepstakes. Standard message and data rates may apply. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.  Mail-In Method: To enter without attending an Event, hand print on a 3” x 5” index card (or piece of paper) your name, address, phone number, and email address and mail it in an envelope (no larger than #10 business size) with proper postage affixed to: Hercules Tires Attn: Hercules® Tires Monthly Tire Sweepstakes, 12200 Herbert Wayne Court Suite 150 Huntersville, NC 28078 (a “Mail-in Entry”). Any Mail-in Entry with incomplete information will be considered void.  All Mail-in Entries must be post-marked by December 1, 2023 and received by December 10, 2023. Once submitted, all entries/entry information become the exclusive property of Sponsor and will not be acknowledged or returned.  

Limit one (1) entry per person regardless of entry method. Each entry must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) and/or otherwise not in compliance with these Official Rules will be disqualified. If you are suspected of attempting to register or enter in excess of the specified entry limits, by any means, including but not limited to establishing multiple e-mail accounts, or using any automated means to enter, you may be disqualified in Sponsor’s sole and absolute discretion.

In the event of a dispute as to any registration, the authorized account holder of the email account used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  The potential winner may be required to show proof of being the authorized account holder of the email address associated with the winning entry. It is the sole responsibility of the entrant to notify Sponsor in writing if they change their e-mail or postal address or phone number.

Sweepstakes Entities are not responsible for lost, late, incomplete, damaged, illegible, mutilated, destroyed, stolen, invalid, unintelligible or misdirected or postage-due entries/mail. Sweepstakes Entities are not responsible (a) if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electric, or (b) for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.

 4. Winner Selection, Odds and Notification

On or about the 10^th of each month, a random drawing will be conducted by Sponsor from among all eligible entries received by Sponsor during the Sweepstakes Period. The odds of winning the Prize depends on the total number of eligible entries received during the Sweepstakes Period.

The potential Prize winner will be notified by phone, e-mail or regular mail, using the contact information provided during entry, in Sponsor’s sole and absolute discretion. If a potential Prize winner does not respond to the notification or cannot be reached within fourteen (14) days of the initial communication, any notification is returned as undeliverable, or any Winner Documents (as defined and specified in Section 7 below) are not returned within fourteen (14) days of receipt by the potential winner, the potential winner may be disqualified in the sole and absolute discretion of Sponsor and the prize may be forfeited. A potential winner will be deemed the winner upon meeting all of the conditions and requirements set forth in these Official Rules and their not being disqualified (the “Winner”).   

 5. Prize and Prize Acceptance Requirements

One (1) Winner will be selected on or about the 10^th each month from entries received prior to drawing date to receive a set of four (4) Hercules Tires (the “Prize”). Approximate Retail Value (“ARV”) of the Prize: $1000.

Limit: one (1) Prize per person. Tire model to be determined by Sponsor based on the tire size requested by the winner and are subject to availability. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including but not limited to, its quality, fitness for purpose or mechanical condition. Winner must have proof of a valid U.S. driver’s license from their state or place of residence in the United States to take delivery of Prize; failure to show same may result in Prize forfeiture and selection of an alternate winner. All other costs not specifically stated herein as being awarded are the responsibility of the Winner. The winner is responsible for the payment of all taxes. The Winner must take delivery of the Prize at a specified time and location, as determined by Sponsor in its sole discretion. Winner must take possession of the Prize, no later than thirty (30) days of acceptance of the Prize, unless otherwise agreed by Sponsor, or the Prize will be forfeited. Arrangements for delivery of the Prize will be made after winner validation.

No assignment or transfer of the Prize will be permitted, except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of equal or greater value if an advertised Prize (or any portion thereof) is unavailable for any reason including, without limitation, acts of God, force majeure and other causes beyond the Sponsor’s control. The Prize cannot be redeemed for cash. Winner is solely responsible for all applicable federal, state and local taxes associated with the acceptance and use of the Prize, as applicable.  The Prize Winner will be issued an IRS 1099 Form in the amount of the Prize value, as required by applicable law.

Winner acknowledges that the Sweepstakes Entities have not 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 any prize, including, but not limited to its quality, mechanical condition or fitness for a particular purpose, and all such warranties are hereby disclaimed. Sponsor does not make any, and hereby disclaims any and all representations or warranties of any kind regarding the Prize.

6. Prize Documents and Releases

The potential Prize Winner will be required to sign an Affidavit of Eligibility and a Liability/Publicity release (unless prohibited by law) as well as any required W-9 and other tax-related forms (collectively “Winner Documents”) and return the Winner Documents within fourteen (14) days of issuance by Sponsor.  By participating in this Sweepstakes or receiving a Prize, Winner agree to release and to indemnify and hold harmless the Sweepstakes Entities and each of their officers, directors, employees and agents from any liability, injury, death, loss or damages to the Winner or any person or entity, including without limitation, damage to personal or real property, including, without limitation, death, caused in whole or in part, directly or indirectly, by participation in this Sweepstakes (or related activities) or the acceptance, possession or use/misuse of the Prize and/or with respect to participation in any Prize-related activity, including any travel related thereto. Except where prohibited, Prize Winner grants the Sweepstakes Entities permission to use his/her name, likeness, voice, statements and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, in perpetuity, without further payment, consideration, notice or approval, unless prohibited by law.

7. General Provisions

Sponsor reserves the right to cancel or suspend the Sweepstakes (or any portion thereof) if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes, as determined by Sponsor, in its sole and absolute discretion. If the Sweepstakes is so cancelled, Sponsor reserves to select the potential winner by a random drawing from among all eligible entries received prior to the time of termination. Sponsor reserves the right in its sole and absolute discretion to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, or acts in unsportsmanlike or disruptive manner. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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 Official 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.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Disputes/Choice of Law

Except where prohibited, each entrant (a) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the state of Ohio under Ohio law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees, and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"), and (b) hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.

9. Privacy

Personally identifiable information that is submitted by entrants as part of this Sweepstakes will be used to administer the Sweepstakes, select the Prize Winners and fulfill the Prize redemption, and for other purposes as set forth in Sponsor's privacy policy accessible at http://www.herculestire.com/privacy-policy/ and may be shared with third parties for purposes of Sweepstakes administration and for other purposes set forth that privacy policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and use of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. If you are selected as a winner, you hereby consent to have your name and information included in a publicly-available winner’s list.

10. Winner List

For the name of the Prize Winner, available after December 21st, 2023, send a self-addressed, stamped envelope to The Hercules Tire and Rubber Company, Attention: Hercules® Tires Monthly Sweepstakes Winner’s List, 12200 Herbert Wayne Court Suit 150 Huntersville, NC 28078 No requests will be honored after March 30, 2023. Residents of Vermont may omit return postage.

 11. Sponsor

This Sweepstakes is sponsored by The Hercules Tire & Rubber Company, 12200 Herbert Wayne Court Suite 150 Huntersville, NC 28078.