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Agility SUV Tire Contest Rules (“Contest Rules”)

THIS CONTEST IS OFFERED BY SAILUN TIRE AMERICAS INC. AND SAILUN TIRE (USA) CORP. (THE “SPONSOR”) AND IS ONLY OPEN TO RESIDENTS OF CANADA AND THE UNITED STATES AND IS GOVERNED BY CANADIAN LAW AND THE LAWS OF THE PROVINCE OF ONTARIO. NO PURCHASE NECESSARY. SEE BELOW FOR FULL CONTEST DETAILS. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THESE CONTEST RULES (THE “CONTEST RULES”).

CONTEST PERIOD

This Agility SUV Tire Contest (the “Contest”) begins on April 15, 2024 at 12:00 a.m. Eastern Time (“ET”) and ends on April 29, 2024 at 5:00 p.m. ET (the “Contest Period”). Entries received before or after the Contest Period are void.  Sponsor’s computer is the official time-keeping device for the Contest.

ELIGIBILITY

The Contest is open to all residents of Canada and the United States as of the start of the Contest Period, who have reached the age of majority in their province, territory or state of residence (an “Entrant”). Employees, directors and officers of the Sponsor and its agents, affiliates, subsidiaries, advertising and promotion agencies and the immediate family members (defined as parents, children, siblings, spouse, and life partners), and/or those living in the same household, of each such person are not eligible to enter the Contest.

HOW TO ENTER

No purchase necessary. To participate in this Contest, the Entrant must have a valid Instagram profile. If the Entrant does not have a profile, the Entrant may register in accordance with the enrollment instructions for a free account (please note you must agree to Instagram’s Terms of Use at https://help.instagram.com/581066165581870 to register).

  1. To enter the Contest, Entrants who are Canadian residents must, during the Contest Period:
    1. follow, and stay following until a winner of this Contest is selected, the Sponsor on Instagram under the account @BlackhawkTire (the “Account”);
    2. like the Account’s post dated April 15 that invites Canadian residents to enter the Contest (the “Canadian Post”); and
    3. comment on the Canadian Post tagging one (1) Instagram account other than the Account or the Entrant’s own account.
  2. To enter the Contest, Entrants who are United States residents must, during the Contest Period:
    1. follow, and stay following until a winner of this Contest is selected, the Sponsor on Instagram under the account @BlackhawkTire (the “Account”);
    2. like the Account’s post dated April 15 that invites United States residents to enter the Contest (the “US Post” and together with the Canadian Post, the “Posts”); and
    3. comment on the US Post tagging one (1) Instagram account other than the Account or the Entrant’s own account.

To be valid, a comment must tag no more than one (1) Instagram account. Each valid comment tagging a different Instagram account during the Contest Period will count as one (1) entry into the Contest. If more than one (1) comment by the Entrant tags the same Instagram account, only one (1) entry will be counted for those comments.

To obtain one (1) additional entry (“Bonus Entry”), Entrants must share the applicable Canadian Post or US Post in their Instagram stories and tag the Account during the Contest Period. Each Entrant may only earn a maximum of one (1) Bonus Entry.

No Limit: There is no limit to the number of valid entries an Entrant may accumulate during the Contest Period.

Entries shall be deemed to be submitted by the Authorized Account Holder (as defined below) of the Instagram  account associated with the entry. The Entrant selected as the Contest winner may be required to provide the Sponsor with proof that such selected Entrant is the authorized account holder of the account associated with the winning entry. Normal Internet access and device usage charges imposed by your online service may apply.

PRIZE

There are (2) prizes available to be won, each consisting of a set of four (4) Agility SUV tires (approximate retain value CAD$500-$1500, depending on tire size selected by winner) (each a “Prize”). One (1) Prize is available to won by Canadian residents and one (1) Prize is available to be won by United States residents.

  1. Prizes are provided "as is" and without any warranty of any kind. Prizes must be accepted as awarded and is non-transferrable. No cash redemption or Prize substitution allowed by winner. Sponsor reserves the right to substitute a Prize of equal or greater value if an advertised Prize becomes unavailable. Winners are not entitled to monetary difference between actual Prize value and stated approximate retail value, if any.
  2. Each Prize may be claimed by winner at the Sponsor’s warehouse or at a local dealer, subject to the location of winner.
  3. Tire installation is the responsibility of the winners and not included in the Prizes.
  4. Winners will be responsible for any expense not explicitly included in the Prizes, including pick up of tires and installation of tires on vehicle.
  5. Prizes will be awarded to verified winners only. Sponsor will not replace any lost or stolen Prize.

WINNER SELECTION

On or about May 1, 2024 (“Draw Date”), two (2) random draws will be conducted by Giant Shoe Creative Agency:

(a) One (1) random draw to select an Entrant who is a Canadian resident from all eligible entries received during the Contest Period in relation to the Canadian Post; and

(b) one (1) random draw to select an Entrant who is a United States resident from all eligible entries received during the Contest Period in relation to the US Post.

 

The odds of being selected as a potential winner depend on the total number of eligible entries received in relation to the applicable Post. Each selected Entrant will be notified in an Instagram Direct Message from the Sponsor on how to fully comply with these Contest Rules in order to be declared a winner.

Proof of identification must be provided.

In the event a selected Entrant cannot be contacted within two (2) business days of the Sponsor’s initial attempt, the Entrant will be disqualified and an alternate entrant will be selected. The Sponsor is not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Sponsor’s failure to receive a selected Entrant’s response.

For Canadian residents: Before being declared a winner, the Entrant will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone or by e-mail.

By accepting a Prize, the Entrant agrees (a) that they have received, read and complied with, and confirmed that they are eligible in accordance with, these Contest Rules; (b) that the Prize must be accepted as awarded and is not transferable, assignable or convertible to cash; (c) that they accept the Prize as offered; (d) that, in consideration for the Prize, they release and forever discharge the Sponsor and each of its agents, employees, directors, successors, and assigns, as well as Meta and Instagram (collectively, the “Released Parties”) from any and all claims, actions, costs, liabilities or damages which may arise directly or indirectly in connection with the Contest, the Entrant’s participation therein and/or their use or receipt of the Prize; (e) to assume all responsibility and liability relating the Entrant’s participation in the Contest, including comments on the Posts, and the use and receipt of the Prize, including but not limited to installation of the tires, and to indemnify the Sponsor for any loss, injury, accident, misfortune or damage which results from any negligent and/or willful misconduct in connection with the Contest, the comments on the Posts or the use and/or receipt of the Prize; (f) to allow the Sponsor to use the Entrant’s name, voice, photograph, likeness and statements in any advertising or publicity carried out by or on behalf of Sponsor about the Contest in any manner whatsoever and in any medium, including print, broadcast or the internet, without further notice or compensation; and (g) to sign release and declaration documentation confirming the foregoing if requested by the Sponsor in its discretion.

Under no circumstances will the Sponsor be responsible for awarding more than the two (2) Prizes as expressly contemplated in these Contest Rules.

GENERAL

By entering the Contest, the Entrant agrees to abide by these Contest Rules and by the interpretation of these Contest Rules by the Sponsor. This Contest is subject to all applicable federal, provincial, municipal and state laws. Void where prohibited by law.

The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal.

The Sponsor reserves the right to cancel, suspend, withdraw or amend this Contest in any way, without prior notice or obligation, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, impersonation, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rules. At the sole discretion of the Sponsor, use of any automated, script, macro or robotic program, fake accounts, or use of multiple Instagram accounts by the same person may result in disqualification of entries, at the sole discretion of the Sponsor. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

Without limitation, the Sponsor will not be liable for any failure of its website or Instagram account during the Contest; for a technical malfunction or other problems relating to the telephone network or lines, computer or device on-line systems, servers, access providers, computer or device equipment or software; for the failure of any Entrant comment to be seen or otherwise accessed by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or on any platform, Instagram account settings, or any combination of the above. Further, the Sponsor will not be liable for any injury or damage to an Entrant’s or any other person’s computer or device related to or resulting from participating, or downloading any material, in the Contest.

In the event of a dispute regarding who submitted a comment on a Post, comments will be deemed to have been submitted by the Authorized Account Holder of the Instagram account used at the time of entry. “Authorized Account Holder” is defined as the person who is assigned an account by Instagram. An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the Authorized Account Holder of the Instagram account associated with the comment in question and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Contest Rules.

By entering this Contest, each Entrant expressly consents to the Sponsor storing, sharing and using the personal information submitted in their communications with the Sponsor on Instagram only for the purpose of administering the Contest and in accordance with Sponsor’s Privacy Policy (available at: https://blackhawktireusa.com/en-us/plt/agility-suv-contest and https://blackhawktirecanada.ca/en-ca/plt/agility-suv-contest/]

]) unless the Entrant otherwise agrees to receive further communications from the Sponsor. The Entrant’s use of Instagram is subject to Instagram’s privacy policy, as applicable. The Contest is in no way sponsored, endorsed, or administered by, or associated with Meta or Instagram. Any questions or comments regarding the Contest should be directed to the Sponsor.

In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest related materials, including but not limited to point of sale, television, print or online advertising, the terms and conditions of these Contest Rules shall prevail, govern, and control.

All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations associated with Sponsor and/or the Contest, are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

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