Rules Applications: These rules govern the Hercules Tires Ultimate Fan@tic Basketball Contest appearing on the Official Hercules Tires Twitter (“Hercules Tire Twitter Page”) and Official Hercules Tires Facebook Fan Page (“Hercules Tire Facebook Page”) and the Official Hercules Tires Instagram Fan (“Hercules Tires Instagram” Page) (from midnight 02/09/2021 thru midnight 3/1/2021). Hercules Tires and its representatives are not responsible for the fulfillment of Contests on pages other than the Verified Official Hercules Tires Fan Pages.
Eligibility: (18 and over U.S. Only) You must be a legal resident of the United States and 18 years or older at the time of entry. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law. Employees and agents of Hercules Tires, Twitter, Inc., Facebook, Inc., their respective affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest, and the immediate family members and persons living in the same household, whether related or not, are not eligible to participate or win. Twitter Inc., and Facebook Inc., are not sponsors of this Contest nor provide endorsement of or is in any way affiliated with this Contest.
How to Enter: Eligible participants must first be a “Follower” or “Follow” the Hercules Tires Instagram Page.
- The participant must then choose a college/university affiliated with one of eight Hercules Tires sponsored conferences (America East, Big South, CAA, MAAC, Southland, WAC, WCC, Big West and Sun Belt) and post a :20 second video on their personal Instagram page that shows their school spirit as the ultimate fan of that college/university.
- In addition to the :20 video the Instagram post must also include @HerculesTires and have the sponsored conference tagged
Conduct: By entering the Contest, entrants agree to comply with and be bound by these Official Rules. The Official Rules will be posted at http://www.herculestires.com/ultimatefanatic throughout the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Entrants further agree to comply with and be bound by the decisions of the judges, which will be final and binding in all respects. Hercules Tires reserves the right in its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Hercules Tires website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Hercules Tires or Contest related property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
What We are Looking for: The Hercules Tires Ultimate Fan@tic Basketball Contest is a chance for you to show off your school spirit! Shows us why your team is the best and you are the ultimate fan in a :20 second Instagram video. The only requirement is that your fan love must be showcased for one of the schools affiliated with one of the eight conferences sponsored by Hercules Tires: America East, Big South, CAA, MAAC, Southland, WAC, WCC, Sun Belt and Big West. Entries submitted for schools outside of these conferences will be disqualified from winning. Winners will be chosen based on the following criteria: (1) originality and creativity of each Submission (25%); (2) commercial appeal of the Submission (25%); (3) overall quality of the Submission (25%); and (4) the Submission’s success in representing their school spirit(25%). Prize winners will be selected in the sole discretion of Hercules Tires and its agents whose decisions will be final, subject to verification of selected winners’ eligibility. Any entry that does not comply with the requirements of these Contest Rules or that is deemed offensive or inappropriate, in the sole discretion of Hercules Tires and its agents, shall be disqualified.
Winner Selection: Three winners will be selected from each of the eight conferences sponsored by Hercules Tires. Winners are prohibited from winning more than once. Winners will be selected by a representative of Hercules Tires. Winners will be notified via Direct Message on Instagram within 72 hours of the Contest end. After Hercules Tires sends the Entrant a notification that they have won, the winner has 24 hours to respond via Instagram Direct message and/or Facebook Message with their mailing address and phone number. P.O. Boxes are not acceptable and will disqualify the Entrant if an alternative mailing address cannot be provided. Hercules Tires is not responsible for packages that are lost, stolen, or undeliverable. Prizes may require up to 28 days to be delivered.
Prizes: Three prizes will be awarded per conference. Prizes will never exceed $250.00 in value. The actual prize will be pictured in the Initial Contest Instagram Post and is subject to change at any time. Hercules Tires is not responsible for defective items and does not guarantee or warranty any item offered as a prize. Winners may be required to sign a Declaration of Eligibility, License and Release in order to receive a Contest prize.
- First Prize Winner – 2 Tickets to the 2022 Men’s or Women’s Conference Basketball Championship – All Sessions (ARV - $100)
- Second Prize Winner - Swag Pack with gear from college/university submitted in the entry video and Hercules Tires (ARV: $75)
- Third Prize Winners - $50 Amazon Gift Card (ARV: $50)
Some restrictions may apply. Winners may not substitute or exchange Prizes. Hercules Tires reserves the right to substitute a prize of equal or greater value for a Prize or any portion thereof. Prizes are not assignable or transferable. PRIZES WILL BE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Limitations of Liability: Hercules Tires assumes no responsibility for lost, late, misdirected, garbled or unintelligible entries or Instagram posts, or for theft, destruction or unauthorized access to, or alteration of, entries. Hercules Tires is not responsible for any incorrect or inaccurate information, whether caused by website users, to any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in the processing of submissions in the Contest. Hercules Tires assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. Hercules Tires is not responsible for any injury or damage to participants or to any computer equipment related to or resulting from participating or downloading materials in this Contest. If the Contest is not capable of running as planned, for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Hercules Tires which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Hercules Tires reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest and select winners from among all eligible entries received prior to the cancellation. Hercules Tires reserves the right to end its Instagram Ultimate Fan@atic Contest without fulfillment of prizes for any reason at any time.
Release of Liability: By accepting the prize, winning Entrants hereby agree to grant to FTC, its agents, subsidiaries, affiliates, successors, licensees and assigns, an exclusive, fully paid, world-wide, perpetual right to use their name, image, likeness and voice (“Image(s)”), in any media, form or format now existing or hereinafter created (including, but not limited to, television, radio, cable, video, CD, DVD, MP3, internet, mobile devices, newspapers and magazines) to publicize Entrant’s selection as the winner of the Contest, without further compensation.
By accepting the prize, winning Entrants hereby forever release and discharge FTC, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising from the Contest, including but not limited to the conduct of the Contest, the awarding of a Contest prize to the Entrant and the use of the Image(s).
Release and Declaration: All Entrants release Hercules Tires and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, from and against all claims and damages arising in connection with the Entrant’s entry and/or participation in the Contest and/or his or her receipt or use of any Prize awarded in the Contest. As a condition to being awarded a Prize, the winner will be required to execute and deliver to Hercules Tires a signed Declaration of Eligibility, License and Release which includes a certification of age and residence, acknowledgement and agreement to these Contest Rules, license to use the Entrant’s entry and a release of liability. If the value of the Prize is more than $599, you will also be required to provide your social security number for tax reporting purposes.
Taxes: All federal, state and local taxes (including any sales taxes) associated with the receipt or use of a Prize will be the sole responsibility of each Winner. Winners may receive an IRS form 1099 at the end of the calendar year if the value of the Prize is within IRS guidelines, and a copy of such form will be filed with the IRS. Any additional costs relating to the Prize, and incurred as a result of accepting a prize, are the sole responsibility of each Winner.
Submission Content Guidelines: Use of any automated system or agent to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed the Entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Each Submission must be the original work of the Entrant; it must not infringe any party’s intellectual property or other rights; it must not contain obscene or pornographic material; it must not include threats to any person, place, business, group or to world peace; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations.
A Submission may depict individuals other than the Entrant, provided that Entrant obtains and provides express written permission from any and all identifiable individuals to use such individual’s image/likeness/ voice. Also, although more than one person may appear in a Submission, only a single person may be identified as the Entrant of the Submission, and only that person will be able to win a Prize, subject to meeting eligibility criteria. If any group elects to collaborate on a Submission, they are required to designate one person as the agent of the group to enter the Contest, agree to these rules, and accept the prize on behalf of the group. Hercules Tires is not liable for any disputes between collaborators arising under or related to the Contest.
An entrant may not win more than one Prize.
A Submission may not utilize live animals unless the Entrant owns the animal or has obtained the consent of the animal’s owner and the animal was not harmed in the making of the Submission. Each Submission must not contain any copyrighted works (other than those owned by the Entrant). Hercules Tires reserves the right, in its sole discretion, to (i) remove or blur, or to ask the Entrant to remove or blur, any elements which violate these Contest Rules or are non-material (e.g. small logos on clothing, artwork hanging in the background, etc.), rather than disqualify an otherwise compliant Submission. If in Hercules Tires determination it is necessary or advisable to make adjustments to an otherwise compliant Submission to comply with these Contest Rules, Hercules Tires may, in its sole discretion, elect to do so, or may ask the Entrant to do so.
Submissions that do not comply in all material respects with these Contest Rules or that otherwise contain prohibited or inappropriate content as determined by Hercules Tires, in its sole discretion, will be disqualified, and will be ineligible for prizes. Hercules Tires will make the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize. Certain Submissions may be featured from time to time on the Website or on one or more websites or social media pages of Hercules Tires choosing during and following the Contest Period, in Hercules Tires sole discretion; being selected as a featured Submission on any website or social page is unrelated to the judging criteria and does not guarantee selection as a winner in the Contest.
By entering this Contest, you irrevocably license Hercules Tires and its sublicensees to reproduce, publicly display, publicly perform, distribute copies of, and make derivative works based on any Submission.
Representations and Warranties: You represent and warrant at all times that: (i) you own each Submission, (ii) use of each Submission by Hercules Tires does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) use of each Submission by Hercules Tires does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You agree to pay all royalties, fees and any other monies owed to any person by reason of any use of a Submission by Hercules Tires. If any Submission contains any content subject to any intellectual property, privacy, publicity or other similar right of a third party, upon request by Hercules Tires, you agree to obtain and provide to Hercules Tires a written release signed by such third party, in form and substance satisfactory to Hercules Tires.
Indemnity: You agree to indemnify, defend and hold Hercules Tires harmless from and against any third party claims arising out of or relating to any breach of any representation, warranty or covenant made by Entrant in connection with his or her entry into the Contest and agreement to these Contest Rules.
Disclaimer: Hercules Tires and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, will not be responsible for: (a) entries that are incomplete, late, lost, illegible, misplaced, misdirected or mutilated; (b) telephone, electronic, hardware, software, network, or other computer-related or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Hercules Tires; or (d) any printing or typographical errors in any materials associated with the Contest. Hercules Tires shall not be responsible for the quality or adequacy of the Prize or any portion thereof or the products or services to be provided to the Prize winner. Hercules Tires will not be responsible or liable for loss or injury resulting from Entrant’s entering the Contest, or from a Winner’s acceptance or use or misuse of the Prize or any portion thereof. Each Winner will be required to sign a liability waiver. By submitting an entry, all Entrants accept and agree to these Contest Rules and the decisions of Hercules Tires in administering the Contest, which shall be final. Each Winner assumes complete liability for damage to property or injuries to the Winner and his or her guests or invitees caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize or any portion thereof.
Selection of Winners: After the conclusion of each Contest Period, Hercules Tires will select one (1) first prize winner, one (1) second prize winner and one (1) third prize winner from each conference among the entries received during the applicable Contest Period.
Disclosure of Winner/Submissions: The identity and state of residence of the Entrants chosen as Contest winners may be disclosed on the Hercules Tires website, www.HerculesTirestire.com, social media properties, mentioned in press releases and Blogs. All approved Submissions may also be published on the Hercules Tires website, www.HerculesTirestire.com, social media properties, mentioned in press releases and Blogs.
General Release: By entering the Contest, you release Hercules Tires and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, Contest partners and Prize suppliers from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or the delivery, misdelivery, acceptance, possession, use of or inability to use the Prize or any portion thereof (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Miscellaneous: The Contest and these Contest Rules will be governed, construed and interpreted under the laws of the State of North Carolina. If any provision of these Contest Rules is declared to violate any applicable federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Entrants agree to be bound by these Contest Rules and by the decisions of Hercules Tires, which are final and binding in all respects. Entrants who violate these Contest Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Hercules Tires, the Contest or any other Entrant (in each case as determined in Hercules Tires sole discretion) are subject to disqualification from the Contest. If you have any questions about these Contest Rules or the Contest, please send written questions to Hercules Tires Corporation, 1995 Tiffin Avenue, Suite 205, Findlay, OH 45840.
Copyright Notice: The Contest and all accompanying materials are copyright © 2020 Hercules Tires Corporation. All rights reserved.