IRVING ENERGY “How Much Can You Save” SWEEPSTAKES (THE “SWEEPSTAKES”)

SWEEPSTAKES RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

DEFINITIONS

In these Sweepstakes Rules (the “Rules“), the following terms have the meanings set out below.

“Sweepstakes Sponsor” means Irving Energy and Irving Oil Marketing, Inc. located at 190 Commerce Way, Portsmouth, NH 03801.

“Administrator” means Eisenberg, Vital & Ryze Advertising, LLC located at 155 Dow Street, Suite 301 Manchester, NH 03101 United States;

Sweepstakes Facilitators” means, collectively, the Sweepstakes Sponsor, the Administrators and any prize sponsors (as applicable) arranged by the Sweepstakes Sponsor or Administrators;

 

  1. Eligibility: The Sweepstakes is free to enter and open to all individuals who are legal residents of Maine, New Hampshire and Vermont who are at least eighteen (18) years of age and have reached the age of majority in their state of residence at the time of their entry (“you”, “your” or “entrant”). It is your responsibility to ensure that you are legally eligible to enter the Sweepstakes under any laws applicable to you in your jurisdiction of residence or otherwise. Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sweepstakes Sponsor, Administrator, the MLB Entities, Facebook and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win the Prize. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., BAMTech LLC, The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Sweepstakes is void outside the states listed above and where otherwise prohibited by applicable federal, state or local laws, rules or regulations.
  2. Agreement to Official Rules: By participating in the Sweepstakes, you fully and unconditionally agree to and accept these Rules and the decisions of the Sweepstakes Sponsor and/or Administrator, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws.
  3. Sweepstakes Period: The Sweepstakes begins at 2:00:01 p.m. Eastern Time (“ET”) on August 9, 2017, and ends at 11:59:59 p.m. ET on August 20, 2017 (the “Sweepstakes Period“). The Sweepstakes Administrator’s computer is the official time-keeping device for the Sweepstakes.
  4. How to Enter: You may enter the Sweepstakes in one (1) way: online. No other method of entry will be accepted. Multiple entries are allowed.
  1. Online Method: You must have a registered Facebook account as of 11:59 p.m. ET on August 20, 2017, in order to participate in the Sweepstakes online. To enter the Sweepstakes online, during the Sweepstakes Period log in to your Facebook account, click on the ad if applicable or go to the Irving Oil Facebook page, click on the post and enter your name and email address in Woobox to submit the quiz. In the Woobox platform, you will be directed to answer multiple choice questions. Upon submission of your quiz, you will be directed to your quiz results and also receive one (1) entry in the Sweepstakes. Each quiz entry submitted is considered one (1) Sweepstakes entry. The Sweepstakes Facilitators and MLB Entities are not responsible for lost, late, misdirected or incomplete entries and the Sweepstakes Facilitators will determine, in their sole discretion, if any entry meets the Sweepstakes Requirements and otherwise complies with the Rules.
  1. Rights Granted by you: By entering this Sweepstakes, you agree that:

(a)          The Sweepstakes Sponsor, Administrator, the MLB Entities and each of their respective licensees, successors and assigns will have the right to use all or a part of your entry, your name and address (city and state), anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you; and

(b)          You agree that you will not now nor in the future be paid for your entry or for granting the foregoing rights and any other rights set out in these Rules.

  1. Your Representations and Warranties: By entering the Sweepstakes, you represent and warrant the following:

(a)          Your entry, in its entirety, is an original work by you and you have not included third party content in or in connection with your entry without permission;

(b)          Your entry will not cause injury or damage to any other person relying upon any instructions contained in your entry;

(c)          Your entry, the use thereof by the Sweepstakes Facilitators, or the exercise by the Sweepstakes Sponsor, Administrator or MLB Entities of any of the rights granted by you under these Sweepstakes Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret privacy, confidentiality, or contractual rights, nor will your entry constitute or result in a claim of defamation, invasion of privacy, false light publicity, or misappropriation;

(d)          You have all the rights, licenses, permissions and consents necessary to submit the entry and to grant all of the rights that you have granted to the Sweepstakes Facilitators and MLB Entities under these Rules; and

(e)           You have read, understood, accept and agree to be bound by the Sweepstakes Sponsor’s Privacy Policy set out at http://theirving.com/default.aspx?pageid=109 as they may be amended from time to time.

  1. Prize; Odds: Two (2) Prizes will be awarded. Each winner will receive a Red Sox DestiNATION package for that Winner and one (1) guest for the Boston Red Sox regular season home game played at Fenway Park on Saturday, August 26, 2017 (the “Prize”). Each package of the two packages awarded includes: a pre-game VIP tour, player meet & greet, reception with food and beverage, game tickets and gift bags for each guest. Approximate Retail Value of each prize is $400.00. Winner is not entitled to any monetary difference between actual Prize and the stated ARV, if any. All Prize details shall be determined in the sole and absolute discretion of Sweepstakes Sponsor. Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sweepstakes Sponsor’s sole and absolute discretion. Sweepstakes Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. TRANSPORTATION TO/FROM THE GAME, EVENT OR EXHIBITION AND LODGING NOT INCLUDED. Seat locations at the game shall be determined in the sole discretion of Sweepstakes Sponsor. Winner’s guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sweepstakes Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the Winner and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sweepstakes Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s).No substitution of a Prize will be made unless the Sweepstakes Sponsor, in its sole discretion, determines otherwise. All Prizes must be accepted as awarded. The odds of winning are dependent upon the total number of eligible entries received. If, as a result of an error relating to the entry process, drawing or any other aspect of the Sweepstakes, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants to award the correct number of Prizes.
  2. Random Drawing: On or around August 21, 2017, two potential winners will be selected in a random draw from among all eligible entries received. Your odds of winning will depend on the number of eligible entries received. Subject to verification of eligibility and compliance with the terms of these Rules, two potential winners will be declared the official winners of the Sweepstakes (the “Winner”). If you are selected as a potential winner, you will be notified of the selection of your entry through Facebook or via other contact information you provide at the time of entry. If you do not respond to the notification of your selection as a potential winner within twenty-four (24) hours of the time of notification, an alternate potential winner may be selected by random drawing from among all remaining eligible entries. All decisions of the Sweepstakes Sponsor in selecting the potential winner are final and binding on all entrants in all matters relating to the Sweepstakes.
  3. To Redeem Prize: Whether or not a potential winner receives the Prize is contingent upon satisfying all eligibility requirements and fulfilling all requirements set forth in these Rules. If a Winner cannot be contacted, or fails to execute and return the Release Form within 24 hours of initial contact (if applicable), the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner’s agreement and consent that the Sweepstakes Facilitators may use the Winner’s name, photo, city, state, likeness, entry and Prize information in connection with the Sweepstakes, worldwide, in any form of media, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Sweepstakes Sponsor reserves the right to substitute any prize that becomes unavailable for any reason with an alternate prize of equal or greater value.
  4. General Conditions: The Sweepstakes Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.

Your personal information will be processed in accordance with the Sweepstakes Sponsor’s Privacy Policy, as amended from time to time. You should direct any request to access, update, or correct your personal information to Administrator.

You may not enter with multiple e-mail addresses or Facebook accounts. If you use fraudulent entry methods, or otherwise attempt to participate with multiple e-mail and/or Facebook accounts under multiple identities, you will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on a Facebook account, the winning entry will be declared made by the Authorized Account Holder of the Facebook account that submitted the entry at the time of entry provided he/she is eligible according to these Rules. The “Authorized Account Holder” of a Facebook account is defined as the natural person assigned to a Facebook account by Facebook.com. Proof to Sweepstakes Sponsor’s satisfaction of being the Authorized Account Holder may be required by Sweepstakes Sponsor.

Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers’, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Sweepstakes Sponsor.

By entering the Sweepstakes, you fully and unconditionally agree to and accept these Rules and the decisions of the Sweepstakes Facilitators, which are final and binding on all matters relating to this Sweepstakes.

Sweepstakes Facilitators reserve the right to cancel, modify or suspend the Sweepstakes at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Sweepstakes cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Sweepstakes.

  1. Waiver and Limitation of Liability: The Sweepstakes Facilitators, MLB Entities and Facebook are not responsible for human error, theft, destruction, injury or damage to entries or participants, or for factors beyond its reasonable control.

You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected entries. You assume all risk of personal injury, damage, liability to third parties as a result of your participation in the Sweepstakes. The Sweepstakes Facilitators and MLB Entities make no warranty, representation or guarantee, express or implied, in connection with the Sweepstakes or any Prize (or any portion thereof).

The Sweepstakes Facilitators, MLB Entities and Facebook are not responsible and make no representations or warranties as to any entry. Any person who follows the instructions contained in any entry does so voluntarily and without reliance upon the Sweepstakes Facilitators, MLB Entities or Facebook as to the accuracy, safety or quality of any entry.

The Sweepstakes Facilitators and MLB Entities shall not be liable to the Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize, or any component thereof, becoming, for reasons beyond the reasonable control of the Sweepstakes Facilitators and MLB Entities, unavailable or impracticable to award, for any delay, postponement or cancellation of the Prize (or any portion thereof), or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Sweepstakes Sponsor’s or MLB Entities’ control.

Unless prohibited by law, the guest of the Winner, or his/her parent/legal guardian if under the age of majority will also be required to sign a document  (a) releasing Sweepstakes Facilitators, as well as its affiliates and subsidiaries, the MLB Entities, and each of the respective employees, directors, officers and agents from all liability for any damage or loss resulting from the Prize; and (b) consenting to the use of his/her name, city and state of residence, biographical information, likeness, video, photograph, voice, statements or testimonials in any advertising, promotion and for publicity purposes in connection with this Sweepstakes, other promotions and for general news and information purposes, without any compensation or notice, in the form acceptable to the Sweepstakes Facilitators or MLB Entities.

The Sweepstakes Facilitators, MLB Entities, Facebook and each of their respective employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, and advertising/promotion agencies (the “Released Parties”) do not assume any responsibility whatsoever, and expressly disclaim any responsibility or liability, for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Sweepstakes; theft, loss, destruction or damage to an entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person or computer related to or resulting from participating in the Sweepstakes or downloading materials from or use of Facebook.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE SWEEPSTAKES.

LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY IN THE SWEEPSTAKES OR BEING A GUEST OF THE WINNER, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES AND/OR ANY RELATED SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY SWEEPSTAKES SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

  1. Choice of Law: These Rules shall be governed by and construed in accordance with the laws of the State of New Hampshire, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Sweepstakes Facilitators arising out of or connected with this Sweepstakes, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the laws of State of New Hampshire, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys’ fees or other costs. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.
  2. Disclaimer: All entry data provided online is provided to Sweepstakes Sponsor and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any comments, questions or concerns regarding the Sweepstakes shall be directed to the Sweepstakes Sponsor or Administrator and not to Facebook. The Sweepstakes is in no way sponsored, administered, executed or produced by any MLB Entity.
  3. Winner’s List: For the Winner’s name, mail a request and a self-addressed stamped envelope to be received by December 31, 2017, to: Irving Energy/Irving Oil “How Much Can You Save” Winner’s List c/o Irving Oil Marketing, Inc., 190 Commerce Way, Portsmouth, NH 03801.

Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.

 

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