Jeep Giveaway

NO PURCHASE NECESSARY.  PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.  ENTRANTS AGREE FOR SOME PRIZES TO BE AWARDED TO DEALERSHIP.

ELIGIBILITY:  The Hercules Tires Giveaway (“Contest”) begins on April 1, 2023 at 12:00:00 a.m. ET and ends on December 31, 2023 at 11:59:59 p.m. ET (“Promotion Period”).  The Contest is open to Hercules Power Program dealers who are legal residents of the 48 contiguous United States, the District of Columbia, and Canada (excluding Quebec) who are (i) 21 years of age or older at time of entry and (ii) the designated “Dealer Principal” of an independent tire dealership.  For purposes of clarity, an independent tire dealership does not include car dealerships, national retailers, or company-owned stores for purposes of this Contest.  A “Dealer Principal” under these terms is the one (1) individual who is designated by an independent tire dealership at the time of entry as that dealership’s dealer principal or, where there is no such designated person, a person who, in Sponsor’s sole discretion, assumes such responsibilities for the dealership and is in good standing.  Where the eligibility of any entrant is contested, Sponsor has the sole discretion in interpreting these Official Terms and Conditions.  Moreover, if it is determined that a person other than a Dealer Principal for a dealership has entered the Contest, the relevant entries may be ruled ineligible and void by the Sponsor, which is under no obligation to determine the identity of the proper Dealer Principal for the dealership and award any prizes to such person.  Void where prohibited.  Employees of Hercules Tire and Rubber Company (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children, and grandchildren – or same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. 

TO ENTER: During the Promotion Period, eligible entrants may enter the Contest by comparing the growth of quarterly purchases year-over-year on a quarterly basis (or if an entrant is new to the Hercules Power Program year over year growth will be determined by units assigned at enrollment) as set out below.

Sponsor will review the total purchases made by the relevant dealership during the quarter in 2022 and measure the percentage growth, if any, during the same quarter dates in 2023.  Where the growth amounts to at least ten percent, the Dealer Principal for the relevant dealership will receive the corresponding entries for the quarter identified above.  

Free Entry Online.  During the Promotion Period, eligible persons may send an email to hercules.marketing@herculestire.com once per quarter for one entry.

All information provided in connection with the entries must be complete, truthful, and accurate.  Limit total of forty (40) entries per quarter and one hundred twenty (120) entries for entire Contest per person and per dealership represented (including, as applicable, mailing address, email, and/or phone number) regardless of method of entry.  No entries or attempts at entry carry over into other quarters.  Deficient and incomplete entries are void. Sponsor is not responsible for lost, late, or misdirected entries, or entries not received regardless of cause. Entries become the property of the Sponsor and will not be returned.

PREMIUM PRODUCTS: Raptis® R-T5, Roadtour Connect PCV, Avalanche® Series, Terra Trac® Cross-V™, Terra Trac® A/T X-Journey, Terra Trac® A/T X-Venture, Terra Trac® TG Max, Terra Trac® M/T,Terra Trac® TT1, Terra Trac® CH4, H-901 (all sizes).

PRIZE DRAWING: One (1) potential winner will be selected by random drawing on or about January 5, 2023. The odds of winning will depend upon the number of eligible entries received. 

PRIZES:  Subject to the limitations and terms provided in these Official Terms and Conditions, the following prizes (collectively, the “Prizes”), in the quantities noted and with the listed approximate retail value (“ARV”), will be awarded to the verified winners:

The Aggregate ARV of all Prizes awarded for the Contest is $65,252, which may vary depending on market values and other factors. The ARV of the Prizes set forth above represents the Sponsor’s good faith determinations of the approximate retail value thereof and such determinations are final and binding and cannot be appealed.  If the actual value of a prize is lower than the stated approximate retail value (“ARV”) when the prize is procured and fulfilled, then the difference will not be awarded.  Neither Sponsor nor Sponsor Affiliates will be liable for any loss or damage to Prizes at any time, including, without limitation, during delivery.

General Prize Limitations.  All trademarks associated with the Prizes are those of the respective trademark owner and not the Sponsor.  These trademark owners are in no way affiliated or connected with this Contest.  All prize features, including, without limitation, make, components, accessories, features, style, color, size, customizations, and all other product options, shall be determined by Sponsor in its sole discretion without any appeal or selection by the winner.  Prizes are awarded "AS IS."  Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability, and fitness for a particular purpose) in connection with this Contest or any prize.  Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion.  Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion.  Federal, state, or local taxes and all other relevant fees on or related to prizes, if any, and any other costs, fees, or expenses not listed above in the prize description are the sole responsibility of each winner.   Winners of prizes with an ARV over $600 will be issued an IRS 1099 form for the retail value of the prize. Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability, and fitness for a particular purpose) in connection with this Contest or any prize offered or awarded.

Winner will be solely responsible for license, registration, title, tag, insurance fees, all applicable sales taxes, additional equipment, and all other expenses on the receipt and use of the prize vehicle.  All incidental expenses and additional car options (including gasoline) will be the responsibility of the Winner.  The winner must provide proof of a valid driver’s license and insurance certificate to take vehicle delivery.  Delivery of the Grand Prize must be to a location in the contiguous 48 United States or the District of Columbia at a location agreed to by Sponsor, within its sole discretion.

NOTIFICATION: The winner will be notified by available phone number or mail/email address, as determined solely by Sponsor. To claim the Grand Prize, Sponsor may require the winner to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number and other identifying information, postmarked within ten (10) days of the date on the notification.  At Sponsor’s discretion, winners may be required to produce a picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with a prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected by random draw from all remaining eligible entries. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Terms and Conditions, a random drawing will be held to award the advertised number of prizes in the relevant category.  Under no circumstances will more than the advertised number of prizes be awarded.

For any winner residing in Canada, the winner must answer a math problem to be verified as a winner.  The winner must not use a calculator or any other aid in answering the question and answer correctly within the time period prescribed by Sponsor.  If the selected participant is not able to answer correctly within the relevant time period, then the entrant will forfeit the prize and a new potential winner will be selected.

PUBLICITY & MARKETING: Acceptance of any prize constitutes permission to the Sponsor to use the winners’ name, dealership name, voice, statements, image, and likeness for purposes of advertising and trade, in any medium, without further compensation or notice, unless prohibited by law.  Submission of contact information in connection with this Contest (whether or not required), including mailing address, phone number, and email address during entry constitutes permission for Sponsor to add the entrant to Sponsor’s customer database and to contact the entrant in the future for promotional and other reasons. You may opt out of receiving such communications as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).

NO LIABILITY & INDEMNIFICATION:  Sponsor and Sponsor Affiliates are not responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Contest, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Contest in the manner intended.  Entrants further release and agree to indemnify Sponsor and Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Contest including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any travel or prize-related activity; (c) any typographical or other error in these Official Terms and Conditions or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Sponsor.

Without limiting the forgoing, each participant further agrees by participating or attempting to participate in the Contest to the following : to release and hold harmless the Sponsor, Sponsor Affiliates, and each of their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, attorneys, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, cause of action, liability and/or or actual or alleged injury, loss, damage (collectively, any “Claim”), to waive any Claim against the Released Parties, and to indemnify and hold harmless the Released Parties from and against any third-party Claim, arising out of or relating to participation in the Contest, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent a participant from submitting an entry or otherwise participating; (b) unauthorized human intervention in the Contest; (c) errors in the administration of the Contest, the processing of entries, notification of the winners or announcement of the prizes; (d) any other errors or problems which may limit or affect a person’s ability to participate in the Contest, for any reason; (e) any changes to any prize or any other award, or (f) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use of any prize. Released Parties assume no responsibility or liability for, shall not be responsible or liable for, any error, defect, delivery failure or omission in connection with, interruption, deletion, delay in operation or transmission, loss, theft, alteration or destruction of, or unauthorized access to, entries, any other error or event contemplated in the foregoing subsections (a) – (f), regardless of the cause thereof, and/or any other liability, loss, risk, incident or damage relating to or arising from the Contest, the conduct of entrants or any Prize. Without limiting the foregoing release, waiver and indemnity, each participant and entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final.  Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Terms and Conditions. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.

WINNER LIST:  To obtain a list of winners, email hercules.marketing@herculestire.com.

SPONSOR:  Hercules Tire and Rubber Company, 12200 Herbert Wayne Court Suite 150, Huntersville, NC 28070-3145