ULTIMATE NEXEN ADVENTURE PROMOTION
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
NEXEN TIRE AMERICA, INC. (“NEXEN”) IS GIVING AWAY A VACATION VOUCHER TO ONE DEALER AND ONE DISTRIBUTOR SALES REP PER WINNING DEALER. PER TIER.
1. ELIGIBILITY: The “Ultimate Nexen Adventure” promotion (the “Promotion”) is a trade promotion offer only open to employed tire professionals (full or part-time owner/principals) of an authorized Nexen (“Sponsor”)’s dealership or its wholesaler within the contiguous United States (Hawaii and Alaska excluded)., whom register to participate in the Next Level Associate Dealer Program (the “Program), and are legal residents of the contiguous United States (Hawaii and Alaska excluded), 18 or older (or age of majority in their state of residence whichever is older) (eligible “entrant” or “dealer”).
Except as mentioned the above, employees, officers and directors of Sponsor, employees of competitive tire manufacturers, and individuals or entities involved in the execution, preparation of materials and/or administration of this Promotion or any element thereof (collectively referred to herein as the “Promotion Entities”) and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Promotion is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited by law.
IMPORTANT NOTICE: Entrants have the responsibility to review and understand their employer’s policies, and all applicable laws, rules and regulations (“restrictions”) regarding eligibility to participate in trade promotions. If an individual is participating in violation of any applicable restrictions, that individual shall be disqualified from this Promotion and/or from receiving prizes. Promotion Entities disclaim all liability or responsibility for disputes relating thereto. Sponsor disclaims any and all liability or responsibility for disputes related to this matter.
All entrants must register for the Next Level Associate Dealer Program to be eligible for any of the Prizes listed in Section 5 below.
2. PROMOTION PERIOD: The Promotion starts at 12:00 a.m. Pacific Time (“PT”) on July 1, 2023 and ends 11:59 p.m. PT on September 30, 2023 (“Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s administrator’s server’s clock is the official time keeping device for the Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
The Promotion or any element thereof may be cancelled, terminated, modified or extended by Sponsor (in its sole and absolute discretion), before the start of the applicable Entry Period (“July 1st 2023 thru September 30th 2023”), (if Sponsor deems commercially feasible and practicable), or as otherwise by providing notice on the www.NexenTireNextLevel.com(“Website”). PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING TO THE ABOVE.
3. HOW TO ENTER/QUALIFY: Register for the Next Level Associate Dealer Program. In order to participate in the Promotion, authorized user must first register to participate in the Program. Participation in the Program is voluntary.
In order to qualify for a vacation voucher:
- Dealers must sell a minimum of 100 tires to qualify. Dealers will receive one entry per tire sold.
- Distributors Sales Rep will be chosen based on the mix sales of the dealer during the quarter. The winner goes to the distributor with the highest mix (units). For example, dealer purchases 80% of units from distributor A and 20% of units from distributor B, the sales rep from distributor A will win.
One dealer and one distributor sales rep per winning dealer, per tier, will be eligible for a vacation voucher.
Personal data, information, identities and identification (of locations/entrants/dealers, etc.), product eligibility, and any other information, materials, supporting evidence and/or validation data in connection with Sponsor’s verification of entrant, Entries and/or participation in the Promotion or any element thereof (collectively or individually, as determined by Sponsor, referred to as “Data”) is subject to review, verification and approval by Sponsor (or its authorized representatives) before it will be deemed eligible to earn an Entry, or afterwards during the Promotion Period.
4. DRAWINGS/NOTIFICATION: On or about fifteen (15) business days after the end of the Promotion Period, winners will be notified by telephone and/or email (in Sponsor’s sole discretion).Each potential winner will be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity.
5. PRIZES/ODDS: It is anticipated that prizes awarded will be as follows:
| TIER 1: | 100-199 |
| TIER 2: | 200-349 |
| TIER 3: | 350-499 |
| TIER 4: | 500-749 |
| TIER 5: | 750+ |
| TIER 1: | $10,000 |
| TIER 2: | $20,000 |
| TIER 3: | $30,000 |
| TIER 4: | $40,000 |
| TIER 5: | $50,000 |
| TIER 1: | $10,000 |
| TIER 2: | $20,000 |
| TIER 3: | $30,000 |
| TIER 4: | $40,000 |
| TIER 5: | $50,000 |
Each Winner agrees to execute any additional documents requested by Sponsor (or its authorized representatives) in connection with the prize or any element thereof. Any forfeiture or disqualification for whatever reason of the vacation voucher (and Prize winner) at any time constitutes immediate forfeiture/disqualification of the vacation voucher in its entirety.
Limit one (1) vacation voucher per entrant, per tier during the entire Promotion Period. By way of example, a verified winning entrant may be eligible to win only one vacation voucher during the entire Promotion. Upon any prize delivery/award, winners assume all costs, responsibility, damages, liability and expenses relating directly or indirectly to the respective prize thereafter, and agree to release and hold harmless the Promotion Entities from any and all threatened or actual claims, actions, responsibilities, damages, costs and liabilities arising at any time relating thereto. Items, models, equipment, colors, features and any other elements of prizes are selected by Sponsor in its sole and absolute discretion. Only the described number of prizes stated in these Official Rules is available to be won in the Promotion; in no event will Promotion Entities be responsible to award more than the stated number of prizes. In the event that technological, programming, printing, seeding or any other events or errors, similar or dissimilar, cause more than the stated number of prizes in any category, as indicated in these Official Rules, to be announced, communicated, printed, distributed, claimed or received (in any and all media/medium) for any prize, Sponsor reserves the right, in its absolute discretion, to award only the stated number of prizes in such category by random drawing among all eligible claimants in that prize category (or in accordance with a different random selection process) as determined fair and equitable by Sponsor. Prizes may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any unauthorized channels of distribution. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture. Any depiction of prizes in advertising or promotional materials is for illustrative purposes only and depicted prizes shall not be the actual prizes awarded. Any difference between actual value of prize and approximate retail value will not be awarded as cash or otherwise. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Any trademarks referenced or shown in connection with any prizes are the trademarks or registered trademarks of their respective owners, which are not Sponsors of, nor otherwise affiliated with this Promotion, or any element thereof.
The odds of winning a vacation voucher depend on the number of eligible Entries received.
IMPORTANT NOTICE: Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of the winners; winners are advised to seek independent counsel regarding tax implications of their prize winning.
The winnings will cover any taxes incurred and is the responsibility of the winner. For example: $50k winner – taxes of 24% = $12,000 paid in taxes, and $38,000 remaining.
6. RELEASE: BY PARTICIPATING, PARTICIPANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ITS AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTY(IES)”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY GAME OR PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION, OR ANY ELEMENT THEREOF. To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter Released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising directly or indirectly out of this Promotion or any element thereof.
7. PUBLICITY: By entering and/or accepting a prize, entrants and/or winners hereby consent, where lawful, to the use by Sponsor (and its affiliates and their authorized representatives) of their name, image, likeness, hometown name, biographical information, voice and statements about the Sponsor and/or Promotion (provided truthful and accurate) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
8. GENERAL: By participating, entrants agree to abide by and be bound to these Official Rules and the decisions of the Sponsor (and its authorized representatives) which are final and binding in all respects. In the event of noncompliance, if an entrant is or becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner will be randomly selected for the applicable prize for the corresponding Sweepstakes. After a reasonable number of unsuccessful attempts to verify an alternate winner for a particular prize level, the respective prize may remain un-awarded. The information provided is subject to these Official Rules, the Privacy Statement on (“Website”) and any posted Terms of Use on the referenced Website. By entering this Promotion, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with Entry for the purpose of administering the Promotion and in accordance with Sponsor’s Privacy Policy. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR ANY ELEMENT THEREOF IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
9. LIMITATIONS OF LIABILITY: Promotion Entities assume no responsibility for any virus, worms, bugs, unauthorized human intervention, technical or equipment failures of any kind, human error, or other causes; or the incorrect or inaccurate capture of Data, Entry, Entry Request, or other information; nor for the failure to capture any such information. If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the winner(s) (for the applicable prize) randomly from Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Persons suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. Promotion Entities are not responsible for injury or damage to entrants’ or to any other person's computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website.
10. Dispute Resolution: In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications in any and all media/medium relating to this Promotion or any element thereof, these Official Rules shall govern. Promotion Entities shall not be liable to entrants, winners or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), technological/equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control. The Website and all prizes awarded herein are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OHIO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in/near Richfield, OH.
11. PERSONAL INFORMATION: Personal data includes name, e-mail address, telephone numbers, etc. (“Personal Data”) shall be processed and protected in accordance with the Privacy Statement on the Website (www.NexenTireNextLevel.com). Personal Data about participants, entrants, and/or winners will be collected when they enter Sweepstakes, and such Personal Data specifically collected for the purpose of this Promotion shall be deleted upon termination of the promotion period provided that Personal Data of winners may be kept for the purpose of awarding prizes. Data may not be transferred, assigned, pooled or otherwise combined in any manner among individuals, entrants, entities or any third parties. Non-compliant or ineligible Data, including but not limited to registration criteria that have insufficient supporting validation Data, as determined by Sponsor in its absolute discretion, will be disqualified and will not be eligible to earn an Entry. Questions regarding this Rule or handling of Data, Sponsor can be contacted through email at support@nexentirenextlevel.com.
12. WINNER’S LIST: Winners of applicable Sweepstakes prizes will be posted online at: www.NexenTireNextLevel.com.
13. SPONSOR: Nexen Tire America Inc., 4014 Wheatley Rd. Richfield, Ohio 44289.