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WESTERN EXTERMINATOR COMPANY’S “WIN WITH WESTERN”
2018 - VIP SWEEPSTAKES FOR USC TROJANS VS. CAL BEARS FOOTBALL OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER OR WIN.
1. Eligibility: Western Exterminator Company’s “Win With Western USC-Cal Football Sweeps” (the "Sweepstakes") is open only to legal residents of California, Arizona, Nevada, Washington, Oregon and Idaho, who are 18 years of age or older at the time of entry. Officers, directors, Employees and non-employee workers, agents, consultants, independent contractors, vendors, contractors/sub-contractors, suppliers, representatives of Western Exterminator Company and its parent, affiliated or subsidiary companies, and/or the immediate family of each of them (spouse, parents, siblings, and children) and household members of each of them, are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
2. Agreement to Official Rules: By submitting an entry in the Sweepstakes, Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Western Exterminator Company (the "Sponsor"), which are final and binding in all matters related to the Sweepstakes.
3. Sweepstakes Promotion Period: The Sweepstakes begins at 9:00 a.m. (Pacific Time) on October 8th, 2018 and ends at 5:00 p.m. (Pacific Time), on November 5th, 2018 (the "Promotion Period"). Sponsor’s time clock is the official clock for this Sweepstakes.
4. How to Enter: During the Promotion Period, visit www.WinWithWestern.com and follow the links and instructions to complete and submit the entry, including a valid e- mail addresses, and any other information requested. Sponsor is not responsible for incomplete entries. No other form of entry is permitted. Upon submission of a properly completed entry during the Promotion Period, Entrant will automatically receive one (1) entry into the Sweepstakes. Only one (1) Sweepstakes entry per person/e-mail address is allowed. Multiple participants are not permitted to share the same e-mail address. Any attempt by any participant to obtain or submit more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods will void that participant’s entries and that participant may be disqualified from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that Entrant. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter the Sweepstakes will be deemed to be 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 e-mail address. Potential winner may be required to show proof of being the authorized e-mail account holder prior to receiving the Sweepstakes prize.
5. Drawing: The winner will be randomly drawn on or about November 5th, 2018, and will be posted on Western Exterminator Company’s Facebook® webpage on or about November 6th, 2018. One (1) potential winner will be randomly selected as the Grand Prize winner. Potential winner will be chosen in a random drawing from all eligible entries received during the Promotion Period. The odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period.
6. Requirements of Potential Winner: The potential winner must continue to comply with these Official Rules during the Promotion Period; and winning is contingent upon fulfilling all requirements. Potential winner will be contacted via the e-mail used to submit the entry. Potential winner must respond to the e-mail indicating whether he/she accepts the prize within twenty-four (24) hours from the time notice is sent. Sponsor is not responsible for failed transmissions caused by potential winner’s e-mail account or e-mail service provider. Thereafter, the potential winner will be required to sign and return to Western Exterminator Company, within 24-hours (1 day) of the date notice or attempted notice to the winner is sent, an Affidavit of Eligibility, Liability & Publicity Release (except where prohibited) in order to claim the Grand Prize. If the potential Grand Prize winner fails to do so, he/she will be disqualified and forfeit the prize. In the event that the potential winner is disqualified for this and/or any other reason or if the winner cannot be verified or winner is otherwise unable to accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. In such event, the Sponsor will select an alternate potential winner in a random drawing from among all remaining eligible entries, and shall make only three (3) attempts to select an alternate winner. If the alternate potential winners are disqualified or fail to fulfill the requirements of these Official Rules, the Grand Prize will not be awarded. Unclaimed prize will not be awarded. If the Grand Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. One (1) Grand Prize shall be awarded, which shall consist of a special VIP package for two (2) Friday, November 9th, 2018 through Saturday November 10th, 2018, including: One (1) night stay at Terranea Resort; Dinner for two (2) up to $175 dollars Friday Night; Two (2) tickets to the University of Southern California (USC) vs University of California Berkeley (Cal) football game on Saturday; two (2) invites to USC VIP Hospitality; Pre-game sideline passes; one (1) parking pass to Saturday game. The Grand Prize is subject to any and all terms and conditions of usage by the University of Southern California (USC). By accepting the Grand Prize, the winner agrees to abide by any rules, terms, conditions and restrictions provided or required by USC, and further agrees that Sponsor is not responsible if winner does not use the Grand Prize. All expenses and costs associated with winner’s use of the Grand Prize are the sole responsibility of winner. Winner must accept prize as stated in these Official Rules or prize will be forfeited and may be awarded to an alternate winner. Approximate Retail Value (“ARV”) of Grand Prize is $1,000.00 (US). Winner will not receive difference between actual and ARV. No substitution, exchange or transfer of prize by winner is permitted. Winner is responsible for all federal, state and local taxes and fees associated with receipt and/or use of the Grand Prize.
8. Publicity: Except where prohibited by law, acceptance of the Grand Prize constitutes the winner’s consent to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in connection with the Sweepstakes promotion in any media now known or hereafter discovered, worldwide, including the World Wide Web without review, notification or approval, and compensation, unless prohibited by law. Winner is required to photograph him/herself during the trip and at the game at the Los Angeles Coliseum on the day of the game and send the photo by email to Western Exterminator to be used by the Sponsor at their discretion.
9. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and award the Grand Prize in a random drawing from among all eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability: Except where prohibited, by participating in the Sweepstakes, entrants agree to release and hold harmless Western Exterminator Company and its respective subsidiary and affiliated companies, and the officers, directors, employees, agents, and representatives of each of them (the “Released Parties”) from and against any claim, demand, law suit, administrative proceeding, or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize. By participating in the Sweepstakes, Entrant further release the Released Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Sweepstakes. By accepting the prize, the winner agrees that the Released Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, or from acceptance, possession, misuse or use of the prize, except where prohibited by applicable law.
Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, except where prohibited by applicable law. Entrant further agrees that in any cause of action, the Released Parties shall not be liable for attorney’s fees or legal expenses. Entrant waives the right to claim to punitive, consequential, direct, indirect, and/or special damages. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Sweepstakes entry; provided that if it is not possible to award another entry for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. Western Exterminator Company will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation of the exhibitions or events.
11. Disputes: By submitting an entry and participating in this Sweepstakes, Entrant acknowledges, understands, and agrees to the following: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be submitted to final and binding arbitration; (b) Final and binding arbitration will be the sole and exclusive remedy for any such claim or dispute regarding the Sweepstakes, and that, by agreeing to use arbitration to resolve any dispute, both Entrant and Sponsor are foregoing any right each of them may have had to a court or jury trial; (c) The arbitration shall be a traditional bilateral arbitration with the Sponsor and Entrant as the parties unless otherwise specifically agreed to in writing and will be conducted under the Federal Arbitration Act (“FAA”) and the applicable procedural rules of the American Arbitration Association ("AAA"); (d) Each party waives the right to initiate or proceed on a class action basis or participate in a class action in the arbitration; (e) If any of these provisions or the incorporated procedural rules is found unenforceable under the FAA, it may be severed without affecting this agreement to arbitrate; and (f) This mutual obligation to arbitrate may not be modified or rescinded except by the mutual consent of Entrant and Sponsor.
12.Governing Law: 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California except to the extent that federal law controls issues of arbitration and arbitrability, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Sweepstakes Results: Results will only be available on the Western Exterminator Company’s Facebook® webpage.
14. Sweepstakes Sponsorship: This Sweepstakes is sponsored by Western Exterminator Company only, who can be contacted at 305 North Crescent Way, Anaheim, California 92801, (714) 517-9000, Attn: Karole Convery. USC, Facebook®, and/or any of their related entities are not sponsoring this Sweepstakes.