OFFICIAL RULES OF THE CONTEST
(THE “OFFICIAL RULES”)
CONTEST RESERVED FOR U.S. RESIDENTS
1. NO PURCHASE NECESSARY: The Circle K Store Feedback Survey (the “Contest”) is sponsored by Circle K Stores Inc. (the “Sponsor”) and administered by an agent, Stingray Group Inc. (the "Administrator”) on behalf of Circle K Stores Inc.
2. CONTEST PERIOD: The Contest begins at 0:00:01 (ET) on 7th July 2021 and ends at 23:59:59 (ET) on 5th Dec 2021 (the “Contest Period”). Unless otherwise specified, all Official Rule Times are in Eastern Time, or “ET”.
3. ELIGIBILITY: To be eligible for the Contest and have a chance to win, the participant:
(a) must be a legal resident of the U.S. and have reached the age of majority in their state or territory of residence or have parental permission at the time of entry.
(b) must enter the Contest by sending the keyword included in the poster, displayed in a shop at Circle K or by text message or email, and filling out the survey via text message, as described in detail below; and
(c) must not be an employee, officer, director, agent or representative of the Sponsor or the Administrator or their affiliates, subsidiaries, licensees, associates or respective advertising and promotional agencies or a member of the jury (and their immediate family and the people with whom they are domiciled).
Each eligible person who meets these requirements will be considered a “Participant” in accordance with the Official Rules. The Sponsor reserves the right, at any time, to require proof of identity or eligibility for the Contest and failure to provide such proof may result in disqualification, at Sponsor's sole discretion.
(a) In order to the enter the Contest, the Participant must complete all of the following:
(i) By text message: The Participant must transmit by text message the keyword, OR;
(ii) By online browser: The Participant must scan a QR code or click on an online survey URL
(iii) The Participant must answer all survey questions by text message or mobile browser. These questions will be provided by SMS text message or mobile browser.
Satisfying the requirements of initiating via the methods listed above and completing all survey questions will be considered an “Entry” and a Participant who submits a valid Entry will be considered and “Entrant” in accordance with the Official Rules.
(b) All Entries become the property of the Sponsor and will not be returned. Entries will be deemed invalid if submitted late or if they are illegible, incomplete, confused or mechanically or electronically reproduced. No communication or correspondence will be sent to Entrants, with the exception of the winners.
(c) By entering the Contest, the Entrant represents and warrants that: (i) the survey responses are free from any defamatory, profane, or obscene content; (ii) the responses originate from the Entrant and all rights, title, and interest (including copyright) in them belong or are controlled by the Entrant to the extent necessary to enable the Sponsor to use such responses in accordance with to the Official Rules.
(d) There is a limit of one (1) Entry per person, per calendar month during the Contest Period. In the event that a person submits several Entries in a calendar month, only the first Entry will be accepted.
(e) The Contest Period will be determined solely by the clock on Sponsor's server. In the event of any discrepancy between the time or remaining duration of the Contest Period indicated on the Contest website at https://www.circlek.com/contact or any associated promotional material and the time or duration remaining set by Sponsor, the Sponsor's server clock will prevail.
(f) By entering via text message or online, Participant/Entrant agrees to be fully responsible for cellular data, costs and associated charges as billed by their telecommunications service provider. In addition, Participant/Entrant should contact their telecommunications service provider for pricing, participation status and details. Normal access, cell phone and usage charges may apply.
(g) Entries received will be deemed submitted by the authorized holder of the cell phone number associated with the Entry. The term " authorized holder " means, within the meaning of the official regulations, the natural person to whom a telephone number is assigned by a provider of mobile telephone services or by any other body responsible for assigning telephone numbers. Each selected Entrant may be required to prove to the Sponsor that he or she is the authorized holder of the cell phone number associated with the winning entry.
5. PRIZES: There is one (1) prize consisting of a Circle K gift card of $100 USD (the “Prizes”) each month during the period of the competition. The Prize will be distributed to a winner (the “Winner”) as described below and in accordance with the selection process described in Section 6 below:
(a) Each Prize will be shipped within ten (10) days, observable after the Winner has been contacted and notified and has satisfied the requirements set forth herein.
(b) If a Winner does not comply with the Official Rules or withdraws his Entry for any reason, he or she will be disqualified and will not receive a Prize; thereafter, Sponsor reserves the right, in its sole discretion, to select one or more Entrants, until an Eligible Entrant satisfies the terms set forth herein.
(c) The Prize must be accepted as is and may not be substituted, transferred, awarded, or redeemed for cash, except at the sole discretion of the Sponsor. In the event that a prize (in whole or in part) cannot be awarded for any reason whatsoever (including due to force majeure or production constraints), the Sponsor reserves the right, at its sole discretion, to substitute the Prize for another (in whole or in part) of equal or greater value, without incurring any liability. Any unused portion of the Prize will be forfeited by the winner and will have no cash value.
(d) Shipped Prizes are not insured, and Sponsor assumes no responsibility for any Prizes lost, damaged or misdirected.
6. SELECTION OF WINNERS: One (1) Winner will be selected per month during the Contest Period according to the following process:
(a) On the 3rd business day of each month, a Winner will be selected at 4:00:00 PM (EST) by the (“Administrator”) through a computer-generated random draw from the Entries received. The odds of winning depend on the total number of Entries received by the Sponsor.
(b) SELECTED ENTRANTS WILL BE NOTIFIED BY EMAIL WITHIN 48 HOURS OF THE APPLICABLE DRAW DATE AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. As soon as the selected Entrant is notified, they must respond by email indicated in the message. If a Winner does not respond to the email in accordance with the Official Rules, does not comply with the conditions set forth herein, or withdraws his Contest Entry, he will be disqualified and will not receive any prizes; one or more Entrants will be selected at the sole discretion of the Sponsor until an Entrant satisfies the terms of these Official Rules. The Sponsor is not responsible for failure to transmit the notification to the selected entrant or to receive a response from the selected entrant, for any reason.
(c) In the event that an error occurs with respect to the Entry or raffle process or any other aspect of the Contest which results in the selection of more Entrants than the number set forth herein, the Sponsor will, after the end of the Contest Period, a random draw from the selected eligible Entrants to award the correct number of prizes.
(d) Before being declared a Winner, the selected Entrant must first answer correctly, without any help (whether mechanical or of another nature) and within the allotted time, a mathematical skill-testing question asked by the Sponsor or by one of its representatives by e-mail address.
7. DECLARATION AND RELEASE: Each Winner hereby acknowledges that he or she: (i) certifies his eligibility for the Contest and his compliance with the Official Rules; (ii) confirms their acceptance of the Prize as it is; (iii) releases the Sponsor, Administrator and their respective parent companies, subsidiaries and affiliates and each of their employees, directors, officers, suppliers, agents, directors, licensees, representatives and advertising, promotional or purchasing agencies space (collectively, the “Released Parties”) from any liability relating to loss, damage, costs and expenses arising from Participation in the Contest or any related activity or from the acceptance, use or misuse of any Prize, including costs, damages and losses relating to personal injury and death, damage, loss and destruction relating to property, infringement of publicity or privacy rights, defamation or misrepresentation, and any related third party claims; and (iv) grant the Sponsor, in its sole discretion, the unconditional right to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate , to adapt, use and reuse in any way the name of the Winner, his photograph, his portrait, his voice and his biography in any media, currently known or developed subsequently, in connection with the Contest and the promotion and the related operation. If the selected Entrant does not agree to the above, he will be disqualified and must forfeit the prize.
8. INDEMNIFICATION: By participating in the Contest, the Participant/Entrant releases the Released Parties from any liability relating to any prejudice, loss, or damage of any kind whatsoever to himself or to others, including bodily injury, death or damage. materials arising, in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Prize awarded, from the Contest Entry, from non-compliance with the Official Rules or from any activity associated with prizes. The Participant/Entrant agrees to release the Released Parties from all liability relating to any third-party claim in connection with the Contest, without limitation.
9. RIGHTS: By completing and submitting the survey to the Sponsor as part of the Contest, each Entrant will retain the rights, title and interest (including copyright) associated with the responses, and agree to grant the Sponsor a free, irrevocable and exclusive worldwide license for the copying, use, reproduction, display, adaptation and dissemination of responses in any media currently known or subsequently developed in perpetuity from the date of participation, including in relation to the administration, promotion and operation of the Contest. The Entrant hereby certifies that the answers come solely from himself and that no third party can claim in any way the answers, in whole or in part. The Sponsor assumes no responsibility for any claims for infringement of copyright, privacy rights or personality rights; these responsibilities will be the responsibility of the Entrant. In addition, each Entrant warrants to Sponsor that their responses do not infringe the copyrights of any third party, are not libelous or obscene, and do not violate hate speech or any other laws. law. Sponsor reserves the right to exclude any response based on third party rights concerns, including privacy rights, copyrights, defamation rights, rights of obscenity and hate speech personality and rights, as determined by Sponsor in its sole discretion.
10. LIMITATIONS OF LIABILITY: Sponsor and Administrator assume no liability for any involvement, any answer, or any notification lost, late, unintelligible, illegible, falsified, damaged, misdirected, or incomplete, or for technical and any other failure of a computer, online system, software, telephone, cell phone, a mobile device or hardware, including failures that may affect the transmission or non-transmission of an Entry. The Sponsor and Administrator are not responsible for any errors, omissions, or misinformation, whether caused by the website, cell phone, user of the device, equipment or programming associated or used or by any technical or human error that may occur in the administration of the Contest. The Sponsor and the Administrator assume no responsibility for any error, omission, interruption, deletion, failure, delay in performance or transmission, failure of the communication line, any theft, any destruction. Any unauthorized access or any modification of entries. Sponsor and Administrator are not responsible for any problems, failures or technical failures of the network or telephone line, online computer system, servers, suppliers, equipment, software, box receptionists, readers, web browsers or mobile applications due to technical issues, network congestion or any website, or any combination of the foregoing. The Sponsor and the Administrator are not responsible for any damages suffered by the Participant/Entrant or for damages to any computer, cell phone or mobile device associated with the Entry or downloading of content or applications in the Contest. The Entrant is responsible for any damage caused or allegedly caused in connection with the Contest or by the acceptance, possession, use or non-receipt of any Prize. The Sponsor and Administrator do not assume any responsibility in the event that the Contest cannot be administered as intended for any given reason, whether beyond their control or not, including computer virus, computer bugs, sabotage, unauthorized interference, fraudulent activity, technical problems, low participation or the compromise of the administration, security, fairness, integrity or legitimate conduct of the contest or of the contest website.
13. TERMINATION: The Sponsor reserves the right, at its sole discretion, to terminate the Contest, in whole or in part, and to modify or discontinue the Contest or the Official Rules in any way, at any time. and without notice.
14. DISPUTES: Participant/Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Arizona court; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will Participant/Entrant be permitted to obtain awards for, and Participant/Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.
15. INTELLECTUAL PROPERTY: Any intellectual property, including trademarks, trade names, logos, designs, promotional material, web pages, source code, designs, illustrations, slogans, and representations, is owned by the Sponsor, the Administrator, or their affiliates. All rights are reserved to them. Unauthorized reproduction or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.