OFFICIAL RULES OF THE NOCO FRIENDS AND FAMILY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN.
ENTRY INTO THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
1. Sweepstakes Period: The NOCO Friends and Family Sweepstakes (“Sweepstakes”) begins on January 1, 2019 and ends on January 31, 2019.
2. Sponsor: NOCO Express, LLC located at 2440 Sheridan Drive, Suite 301, Tonawanda NY 14150 (the “Sponsor”).
3. Eligibility: Except where prohibited by law, the Sweepstakes is open only to individuals who are, at the time of entry: (a) legal residents of the United States, residing in the State of New York, and at least 18 years of age or older; and (b) are registered members of the NOCO Express Friends and Family Program (the “Program”) (the “Participant”). Employees of the Sponsor, its affiliates, subsidiaries, advertising agency, its respective officers, directors, shareholders, representatives, agents, counsel, successors, and assigns (“Affiliates”), as well as employees’ immediate family members and persons living in the same household as an employee, are not eligible to enter. Each Participant is deemed the official entrant. Questions of eligibility are decided by the Sponsor in its sole discretion. The Sweepstakes is subject to all applicable laws and regulations of the federal, state, and local governments of the United States and the State of New York. These Official Rules of the Sweepstakes are available at www.noco.com/ffsweepstakes.
4. Acknowledgements of Participants: Each Participant acknowledges and agrees: (a) to be bound by these Official Rules; (b) that the decisions of the Sponsor are final and binding on all matters relating to the Sweepstakes; (c) that he/she is eligible to participate; (d) that the terms and conditions of the Sweepstakes are subject to change; and (e) any Participant who does not comply with the rules will be disqualified without recourse.
5. How to Enter: There is no entry fee for the Sweepstakes. Participants may submit an entry: (a) by using his/her Friends and Family card once per day for any fuel purchase; (b) each time Participant uses his/her Friends and Family card to make a Qualified Purchase in the Sponsor’s retail store; (c) each time Participant uses his/her Friends and Family card to purchase specifically identified promotional items in the Sponsor’s retail store; or (d) by submitting a 3”x5” card, including the Participant’s first and last name, address, telephone number, e-mail address, date of birth and registered Friends and Family card number and mailing the card in an envelope with first-class postage affixed, to NOCO Express Friends and Family Sweepstakes Entry, c/o, NOCO Express, LLC, 2440 Sheridan Dr., Tonawanda, NY 14150. Mailed entries must be postmarked by 11:59 PM EST on the 26th day of the month, and received by the last day of said month. There is a limit of one (1) 3”x5” card per mailing envelope.
Qualified Purchases are defined as the total sale of items purchased during one transaction where Participant’s Friends and Family card is swiped. Participant shall not receive an entry for each individual item purchased during a Qualified Purchase transaction. Qualified Purchases do not include purchases of lotto/lottery tickets, alcohol, tobacco products, or any other purchase that is prohibited by applicable law or regulation. Participant shall receive one (1) entry per Qualified Purchase made on Participant’s first visit to a NOCO location through the seventh visit; two (2) entries per qualified purchase made on Participant’s eighth through eleventh visits to a NOCO location; and three (3) entries per qualified purchase made thereafter. The Sponsor is not responsible for any mailed or electronically lost or undeliverable entries, including as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s handset to receive messages, late, damaged, illegible, inaccurate, incomplete, misdirected (whether by human or technical error), undelivered, or delayed entries. A Participant’s odds of winning the Sweepstakes depends upon the total number of eligible entries received.
7. Disclosure of Sponsor’ Use of Participant Information: The Sponsor may collect personal information submitted by Participants in the Friends and Family Program and use it to administer the Sweepstakes. All personal information will be securely stored by the Sponsor. The Sponsor may also use the information in connection with its own future marketing, advertising, publicity, or other business purposes. However, the Sponsor will not disclose any personal information to any third parties without the Participant’s advance permission. By submitting an entry to the Sweepstakes, all Participants acknowledge and consent to this collection and use of their personal information.
8. When to Enter: Entries may be submitted beginning at 12:01 AM Eastern Time (“ET”) on the first day of the month. To be entered in the Sweepstakes drawing, all purchases or 3”x5” cards must be received no later than 11:59 PM ET on the last day of the month. For purposes of these Official Rules, Entry occurs when the registered Participant’s card associated with the Friends and Family Program is swiped at Sponsor’s payment terminal. Entry also occurs when 3”x5” card is received via mail in accordance with Section 5 herein. No entries will be held in confidence and your entry does not create a confidential relationship or entitle you to a right of privacy between you and the Sponsor, or any of its Affiliates.
9. Selection of Winner: There will be only one (1) Grand Prize (the “Grand Prize”) awarded in the monthly Sweepstakes to one (1) eligible Participant and twenty-seven (27) additional prizes (the “Additional Prizes” and along with the Grand Prize, the “Prizes”) awarded to twenty-seven (27) additional Participants (collectively, the “Winners”). On February 1, 2019, Winners for the Prizes will be selected electronically by Sponsor from all eligible entries in an automated process. Sponsor will receive a final weighted report for all eligible Participants and their corresponding Entries on the first of each month. Sponsor will not change or manipulate this report when importing the data into the weighted randomizer tool to select the sweepstakes winners, with the exception of adding information from any mailed Entries. Sponsor shall retain the detailed data of the sweepstakes for one (1) year for reference. All decisions of the Sponsor are final and binding in all matters relating to the Sweepstakes, including the selection of the Winners.
10. Notification: Winners of the Prizes will be notified on or about five (5) days after the Winner is selected. Notification will be via e-mail or telephone. Prizes may be picked up at the Sponsor’s Office, located at 2440 Sheridan Drive, Tonawanda, NY 14150 between the hours of 8AM and 5PM, Monday through Friday. The Winners will be given a Publicity Release (“Release”), an Affidavit of Eligibility (“Affidavit”), as well as any other documents the Sponsor deems necessary (“Prize Notification Documents”). The Winners must sign, and complete the Release, Affidavit, and any Prize Notification Documents upon receipt of Prize. All prizes must be claimed within fourteen days of notification via e-mail or telephone. Time is of the essence. Failure to do all of the above will result in the Participant being disqualified and an alternative Winner will be selected through the automated process from the remaining eligible entries. Notification of the winning status shall be kept confidential until Winner is announced by Sponsor.
11. Prize, Average Retail Value, and Responsibility of Winner for Prize Redemption:
a. Grand Prize Winner:
i. The Grand Prize Winner will receive one (1) Travel Voucher from Liberty Travel Amherst in the amount of One Thousand Dollars ($1000.00).
b. Additional Prize Winners:
i. Two Second Prize Winners will each receive one (1) Brewery Tour and Tasting from Hamburg Brewing Company, valued at Two Hundred Dollars ($200.00) Reservations are required and are the responsibility of the winner. Subject to availability. All guests attending must be 21 years of age;
ii. The Fourth Prize Winner will receive one (1) Party for Eight at Buffalo Battleground valued at Two Hundred Fifty Five Dollars ($255.00) Reservations are required and are the responsibility of the winner. Subject to availability;
iii. The Fifth Prize Winner will receive one (1) Diners Package, which includes 5 Gift Cards to Local Restaurants valued at Two Hundred Dollars ($200.00);
iv. The Sixth Prize Winner will receive one (1) InBody Health Assessment, one (1) Lifestyle Meal Plan Package from Project Lean Nation, Williamsville, NY. Offer only valid at Williamsville NY location and (2) single session Pilates classes from Pilates by Brookelyn. Total prize valued at One Hundred and Sixty Dollars ($160.00). Appointment may be required for Pilates sessions and are the responsibility of the winner. Subject to availability;
v. The Seventh Prize Winner will receive one (1) Six Person Ropes Course Experience from Buffalo Riverworks, valued at One Hundred and Twenty Dollars ($120.00). Reservations are required and are the responsibility of the winner. All climbers must be 7 years old and 42” tall to participate;
vi. Two Eighth Prize Winners will each receive four (4) two hour jump passes from Get Air of Buffalo, valued at Eighty Eight Dollars ($88.00);
vii. Two Tenth Prize Winners will each receive one (1) NOCO Express Gift Basket, valued at One Hundred Dollars ($100.00);
viii. The Twelfth Prize Winner will receive one (1) Elaine’s Flower Shoppe Gift Card in the amount of Fifty Dollars ($50.00);
ix. Two Thirteenth Prize Winners will each receive one (1) Oogie Games Gift Card in the amount of Fifty Dollars ($50.00);
x. Four Fifteenth Prize Winners will each receive one (1) NOCO Express Gift Card in the amount of Fifty Dollars ($50.00);
xi. Five Nineteenth Prize Winners will each receive one (1) Daily Planet Coffee Company Gift Card in the amount of Twenty Five Dollars ($25.00);
xii. Four Twenty Fourth Prize Winners will each receive (1) NOCO Express Gift Card in the amount of Twenty Five Dollars ($25.00);
xiii. The Twenty Eighth Prize Winner will receive one (1) Donut Kraze Gift Card in the amount of Twenty Five Dollars ($25.00).
c. Prize Redemption: The Winner shall solely be responsible for paying any and all taxes, fees, and other charges, including withholding tax or Value Added Tax, associated with winning a Prize that may be required by the laws or regulations of any federal, state, or local government of the State of New York or the United States. The Prize is non-refundable, non-assignable, non-transferable, and not redeemable for cash. No substitutions are permitted except the Sponsor reserves the right to substitute the Prize (or prize element) with one of equal or greater value in case of unavailability or factors out of its control. Any other incidental expenses not specified herein are the Winner’s sole responsibility. Additionally, the Winner shall be solely responsible for all insurance requirements for themselves and their property. Any unclaimed Prize by any Winner will be forfeited and then the Sponsor will select an alternative Winner through its automated system from the remaining eligible entries and notify that individual accordingly.
12. Releases by Participants and Winner: Participants accept all the risk and consequences of their entry and participation in this Sweepstakes and agree to release and hold harmless the Sponsor and its Affiliates from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special, or increased damages, and those related to personal injury, death, or damage to property) and costs and expenses, of any kind including reasonable attorneys’ fees, under any legal theory, arising from or related to this Sweepstakes, including but not limited to their entry and participation in the Sweepstakes, the acceptance of the Prize, printing errors, and any claims based upon the rights of publicity, invasion of privacy, and defamation, even if the Sponsor or its Affiliates were aware of the possibility of any such consequences, losses, damages, etc. Without limitation, all Participants agree that the Sponsor and its Affiliates shall not be liable for any claims, damages, losses, costs, or expenses, of any kind, arising from or related to circumstances beyond their reasonable control, including but not limited to events of nature, acts of government, acts of terror, acts of war, civil unrest, labor shortages and/or strikes, even if the Sponsor or its Affiliates were aware of the possibility of any such events occurring. EACH PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY NOCO EXPRESS, LLC OR its AFFILIATES, EITHER EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES AND/OR GUARANTEES ON THE PRIZES (IF ANY) ARE SUBJECT TO THE MANUFACTURER’S TERMS THEREFORE, AND WINNER AGREES TO LOOK SOLELY TO SUCH MANUFACTURER(S) FOR ANY SUCH WARRANTY AND/OR GUARANTEE. BY PARTICIPATING IN THE SWEEPSTAKES, EACH WINNER ACKNOWLEDGES THAT THE SWEEPSTAKES ENTITIES HAVE NOT AND WILL NOT OBTAIN OR PROVIDE INSURANCE OF ANY KIND RELATING TO THE PRIZES.
13. Sponsors’ Rights Toward Winner: Winning a Prize constitutes permission (except where prohibited by law) for the Sponsor and its Affiliates to use a Winner’s name, entry, hometown, image, likeness, photograph, and/or statements regarding his/her participation in the Sweepstakes at the Sponsor’ discretion for announcements, future advertising, and/or publicity in any and all media (including online posting) now or hereafter devised throughout the world in perpetuity, without additional compensation, notification, or permission. The Sponsor also reserves the right to conduct a background check on any potential Winner and reserves the right in its sole discretion to disqualify any person based on such background check if the Sponsor determines in its sole discretion that awarding the Prize to such potential Winner might reflect negatively on a Sponsor’s image, goodwill, or brand. In the event it is determined that a Winner has not complied with these Official Rules, or is otherwise disqualified then the Sponsor will select an alternative Winner through its automated system from the remaining eligible entries and notify that individual accordingly.
14. Access to Announcement of Winner: The name of each Winner will be available online at the Sponsor’ websites for ninety (90) days after the Winners are confirmed and finalized. Anyone may request the names of the Winners by (i) mailing a self-addressed, stamped envelope to the Sponsor at the address listed herein and (ii) write “Winners Names” on the lower left hand corner of the envelope within one hundred twenty (120) days of the selection of the Winners.
15. General: The Sponsor and its Affiliates are not responsible for: (a) any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft, alterations, or unauthorized access to entry materials, or (b) any electronic or technical errors, malfunctions, or limitations of any kind, including inaccurate transmissions and failure to receive entry information, or (c) injury or damage to a Participant’s or any other person’s computer related to or resulting from downloading, uploading, and/or submitting Sweepstakes materials. If for any reason the Sweepstakes is not capable of running as planned, including for reasons of computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserve the right to withdraw or cancel the Sweepstakes and to determine the Winners from all eligible entries received prior to withdrawal or cancellation. The Sponsor reserves the right to disqualify any Participant it believes has intentionally violated these Official Rules. The Sponsor reserves the right in its sole and unfettered discretion to disqualify any Participant who tampers or is suspected of tampering with the entry or Winner selection process. Any attempt by a Participant to deliberately damage a Sponsor’s entry site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, the Sponsor reserve the right to seek damages and/or other relief from such Participant to the fullest extent of the law.
16. Non-Discrimination: The Sweepstakes is open to all eligible persons over the age of eighteen years old, regardless of age, race, ethnicity, national origin, gender, sexual orientation, disability, veteran status, marital status, religion, or political beliefs.
17. Applicable Law: All Sweepstakes Participants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Sweepstakes and the Official Rules, and that all decisions of the Sponsor are final and binding. Any matter or dispute with a United States resident arising from this Sweepstakes or these Official Rules is governed by the laws of the State of New York, and by entering, all Sweepstakes Participants agree that all claims or disputes must be resolved exclusively in the federal or state courts of New York located in Erie County.
NO PURCHASE IS NECESSARY TO ENTER OR WIN