NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID OUTSIDE OF PROMOTION AREA (BELOW) AND WHERE PROHIBITED BY LAW. The Fuel the Drive Grand Prize Drawing (the “Promotion”) is sponsored by Fire Department Coffee, Inc. (“FDC”) and is offered only in the United States and the District of Columbia (the "Promotion Area"). Void outside the Promotion Area and where prohibited.
Promotion starts on March 9, 2023 at 12:01 AM Central Time (“CT”). Entry deadline is September 28, 2023 at 11:59 PM CT. Drawing to determine potential winner will be held on or about September 29, 2023. FDC‘s computer is the official time-keeping device for this Promotion.
Promotion is subject to all federal, state, and local laws. FDC shall be entitled to interpret these official rules (“Official Rules”) as needed — including but not limited to rules regarding entries, entry or other deadlines, winner selection, prize restrictions, and eligibility — and all its decisions are final and binding in all Promotion-related matters. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and the decisions of FDC and waive any right to claim ambiguity in these Official Rules or any other Promotion-related advertising or materials.
The winner will be issued an IRS Form 1099-MISC (or its equivalent) reflecting the approximate retail value (“ARV”) of the prize, if required, and he/she/they will be solely and exclusively responsible for all state, federal or local income taxes that may result from his/her/their acceptance of the prize.
You are only eligible to participate in the Promotion if you are eighteen (18) years old or older and above the age of majority in your state of residence and a legal United States resident living in the Promotion Area (above).
Employees, associates, officers, directors, agents, representatives and volunteers of FDC, STIHL Incorporated (“STIHL”), Factory Motor Parts (“FMP”), FVP Parts (“FVP”), Antron Brown (“Brown”), AB Motorsports (“ABM”), VIP Experience (“VIPE”), Streamlight, Inc. (“Streamlight”), Matco Tool Corporation (“Matco”), Lucas Oil Products, Inc. (“Lucas”), any other prize providers or entities directly involved in the development or administration of the Promotion, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to enter or win. The term "household" includes all persons residing together in a single residence, whether or not related.
Prize, Odds & Prize Restrictions
Grand Prize (1): VIP tickets for winner and one (1) guest to the In-N-Out Burger National Hot Rod Association Finals (collectively, the ″Race″) at the In-N-Out Burger Pomona Dragstrip, 2780 Fairplex Drive, Pomona, CA 91768 (″Pomona Dragstrip″), on November 9-12, 2023, one (1) $2,500.00 voucher valid towards travel, lodging and meals, four (4) bags of FDC coffee, two (2) FDC hats, two (2) FDC mugs, two (2) FDC T-shirt, one (1) STIHL MS 271 FARM BOSS® Chainsaw, one (1) coffee maker, one (1) “surprise” package of lights, one (1) detailing kit, one (1) Antron Brown Pit Side Experience, One (1) PPE kit, one (1) Antron Brown signed shirt, and one (1) tool gift set. Race tickets and travel voucher must be used during same trip. See below for important prize restrictions. ARV: $4,731.00.
The odds of winning depend on the number of entries received.
The autograph and Pit Experience elements have no cash value and are subject to the sole discretion of AB Motorsports. If any such prize elements are unavailable or cannot be or are not fulfilled for any reason, the winner will not be entitled to any substitution, remuneration or alternate prize element.
Guest of winner must be at least eighteen (18) years old unless winner is his/her/their parent or legal guardian and may be required (or a parent or guardian may be required, if a minor), to sign a liability waiver and/or (where legal) publicity release prior to receipt of Race tickets or passes.
Prize will include one (1) or more vouchers up to the amount stated in the prize description above (inclusive of sales tax) redeemable towards documented travel elements, such as transportation, lodging and/or meals. Upon presentation of receipts, such vouchers are intended to offset some or all of the travel costs and the amount is an approximation based on a calculated standard itinerary. Actual cost of travel elements may be higher or lower than the voucher amount, depending on departure city, transportation and lodging choices, availability and industry fluctuations. If the actual cost of the selected travel components (as documented by receipts) is less than the than the voucher amount, winner will not be entitled to any reimbursement or compensation for the difference.Winner and guest are solely and exclusively responsible for selecting, reserving and paying for all travel elements. FDC makes no representations or warranties as to the sufficiency of the voucher amount for all departure cities or itineraries.Winner and guest are responsible for any expenses in excess of voucher amount or not covered by terms of prize voucher. Prize vouchers are not valid with any other promotions or offers and are subject to all terms and conditions thereon as well as any additional limitations or restrictions imposed by the issuer.
Winner may be required to coordinate travel with specified travel agent and make advance reservations during designated period prior to scheduled departure date. Reservations must be booked through a specified agent. No credit will be issued if booked through other sources.No compensation will be paid in the event of any delay in ground or air transportation. Prize does not include travel insurance. Travel insurance is at the discretion and sole expense of the winner.
Prize vouchers are non-transferable, are not redeemable for cash and are void if sold or bartered. If applicable, the sale or barter of tickets obtained through redemption of prize certificates or vouchers is also prohibited. Any tickets obtained through such sale or barter are void and will not be honored for travel.
FDC is not liable for any prize voucher that has been stolen, forged, lost, damaged or tampered with in any way. The full value of the voucher must be used at the same time. If the full value is not used, there will be no refunds of unused value. Winner and guest are responsible for any additional costs or excluded items. Vouchers are subject to applicable redemption terms & conditions of travel provider if any. Any unused portion of the prize is not transferable or exchangeable and is not redeemable for cash, except where required by law. There will be no credit or refund issued for any unused portion of any voucher. Other restrictions apply.
NO LODGING OR TRANSPORTATION OF ANY KIND, INCLUDING TO/FROM ANY EVENT, EXHIBITION OR ACTIVITY, IS INCLUDED IN THE PRIZE UNLESS EXPRESSLY STATED AS PART OF THE PRIZE DESCRIPTION ABOVE AND WINNER IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR SCHEDULING AND PAYING FOR ANY SUCH TRANSPORTATION AND LODGING ARRANGEMENTS.
Exact seating or viewing locations (if any) will be determined by Pomona Dragstrip and/or FDC. Race date and time are determined in the discretion of Pomona Dragstrip and/or National Hot Rod Association (“NHRA”) governing body and/or broadcast networks, as applicable, and are subject to change. All prize tickets and passes are valid only on the date set forth above in the prize description or on the tickets or passes.
Winner and guest agree to submit to any temperature and other screenings required by Pomona Dragstrip as a condition of admission to the Race and/or participation in or attendance at any other prize-related activities. Without limiting the generality of the foregoing, winner and guest must comply with all other Pomona Dragstrip COVID guidelines, safety measures and/or protocols in connection with the Race, including any temporary or permanent social distancing requirements and/or mask or face covering requirements. Refusal to comply with all applicable COVID-19 requirements may result in forfeiture of the prize and no replacement or alternate prize will be provided. FDC shall not be responsible under any circumstances whatsoever for providing any winner with any form of compensation for any prize or portion thereof forfeited due to the refusal of the winner or his/her/their guest to comply with all applicable COVID-19 requirements. For more information about COVID protocols, visit https://www.nhra.com/nhra or call (626) 914-4761. As health authority recommendations continue to evolve, venue and other third-party pandemic procedures are regularly updated, and winner and guest are solely responsible for ensuring access to the most up-to-date information.
In addition, winner and guest are responsible for observing all applicable laws, guidelines, regulations, orders and directives at the time of the Race to guard against contracting and/or transmitting the COVID-19 virus (as defined by the World Health Organization and any of the strains, variants or mutations thereof), which may include, without limitation, the observance of social distancing guidelines, frequent washing of hands and use of hand sanitizers, and the wearing of face masks, gloves, and other personal protection equipment, and other safety measures.
Pomona Dragstrip reserves the right to remove or to deny entry to any person(s), including winner or guest, who engage in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Race, or who refuses to abide by applicable Pomona Dragstrip regulations or policies, including COVID-19 screening requirements or protocols. Without limiting the foregoing, your use of any Race passes or attendance at the Race is subject to all Pomona Dragstrip rules, regulations, policies and restrictions. Visit https://www.nhra.com/nhra or call (626) 914-4761 for more information about Pomona Dragstrip. FDC will not replace any lost, mutilated, or stolen travel or Race tickets, passes or prize vouchers.
Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, epidemic, pandemic (including COVID), civil disturbances, Race team driver or member/official/labor strike, work stoppage, natural disaster or any other event or occurrence outside their control (each, a “Force Majeure Event”) that may cause the cancellation, postponement or restricted viewing of the Race, in whole or in part. The terms and conditions of or on any Race passes awarded as part of the prize will govern in the event the Race is not held or that spectators/fans are not permitted to physically attend, as applicable, due to a Force Majeure Event or any other reason.
Ownership of Work. Winner and guest acknowledge and agree that by accepting any Race ticket or attending the Race, and upon entry to the Race, as applicable, winner and guest grant Pomona Dragstrip and the relevant Race teams and their respective designees, successors, and assigns, as applicable, the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works, incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, the names, images, portraits, photographs, voices and/or other likenesses of the winner and/or guest, without compensation, notification or additional consent. Winner and guest further acknowledge and agree that Pomona Dragstrip and the relevant Race teams, and their respective designees, successors and assigns shall be the sole and exclusive owners of any such work in connection with the Race or with Pomona Dragstrip (as applicable) that contains the image, voice and/or likeness of winner and/or guest.
General Prize Restrictions
All prize details shall be at FDC‘s sole discretion. Prize consists only of those items specifically listed as part of the prize. Winner assumes sole responsibility for all expenses and incidental costs associated with his/her/their prize not expressly included in the prize description above, including without limitation, all federal, state and local taxes (if any), surcharges, and fees, income, sales, use or other taxes, passport expenses, passenger tariffs or duties, airline or airport fees, security fees, baggage charges, service charges, facility charges, surcharges, upgrades, extras, meals, beverages, snacks, excursions, alcoholic beverages, tips, gratuities, parking, concessions, sightseeing, souvenirs, merchandise, transfers, COVID or other tests, trip or travel insurance, resort or hotel services, room service, laundry service, spa treatments, local and long distance telephone calls, Internet access, all lodging and transportation expenses not expressly included above, personal items, and incidentals.
The right to receive a prize is not transferrable. Prize or any portion not accepted by the winner is forfeited and no cash or substitute will be offered or permitted, unless required by law. Prize is not redeemable for cash and may not be sold, bartered or auctioned. Prize may not be substituted except that FDC in its discretion may substitute the prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
The prize offered is provided “as is” with no warranty or guarantee either express or implied by Released Parties (below). Merchandise prize or prize components (if any) carry no warranty except as may be offered by the manufacturer or otherwise required by law. Released Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
Entries will be accepted beginning on March 9, 2023 at 12:01 AM CT and ending on September 28, 2023 at 11:59 PM CT (the “Entry Period”). To enter, visit https://www.firedeptcoffee.com/fuelthedrive (the "Promotion Page") and follow the instructions to complete an official entry form with any required contact information, which may include your first and last name, street address, valid daytime phone number and email address and age or date of birth (the “Required Information”). This is the only method of entry. Entries will not be accepted via U.S. mail, email, or any other method.
All entries must be completed in their entirety and received by FDC no later than September 28, 2023 at 11:59 PM CT. Entries must be completed no later than the above deadline to be eligible. Proof of sending is not proof of receipt by FDC. FDC will not accept screen shots as proof of entry.
IMPORTANT: MESSAGE AND/OR DATA RATES MAY APPLY TO THE USE OF MOBILE PHONES/DEVICES TO PARTICIPATE IN THE PROMOTION. WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS. EACH WIRELESS CARRIER’S DATA RATE PLAN MAY VARY, AND YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR INFORMATION ON DATA RATE PLANS AND CHARGES RELATING TO YOUR PARTICIPATION IN THIS PROMOTION.
Limit 11 entries per person. Additional entries received from any such person more than the stated limit thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different email addresses or mobile devices, or the submission of false contact information under multiple or different email addresses, mobile devices, identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in FDC‘s sole discretion.
Entrants who fail to provide any Required Information may be disqualified without further notification by FDC. Released Parties are not responsible for entries that are lost, stolen, damaged, defective, misprinted, misdirected, undelivered, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries will be deemed void and/or invalid. FDC reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries and entry forms become the property of FDC and will not be returned or acknowledged.
Entries must include a valid daytime phone number or email address for the entrant and entrant remains solely responsible for notifying FDC of changes in his/her/their contact information. Released Parties are not responsible for voice or electronic communications that are undeliverable because of any form of call blocking, inability to leave a voice message, passive or, as to email, active filtering of any kind. In the event of a dispute as to the identity or eligibility of the winner based on an email address, the entry will be deemed made by the “Authorized Account Holder” of the email address used for entry. The Authorized Account Holder is the natural person who is assigned to the email address by the relevant Internet access provider, online service provider, or other organization responsible for assigning email addresses for the corresponding domain. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her/their status as the Authorized Account Holder. If such a dispute cannot be resolved to FDC‘s satisfaction, the affected entry will be deemed ineligible.
Winner Selection, Notification & Verification
On September 29, 2023, or within a reasonable time thereafter, FDC or its designee will randomly choose one (1) name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner. FDC reserves the right to award fewer than the stated number of prizes if it does not receive an adequate number of properly submitted and eligible entries.
FDC will contact the potential winner using information provided at the time of entry. The potential winner must respond to such notification within forty-eight (48) hours and may be required to provide requested contact information, verification information and/or signed eligibility documents, liability waiver, publicity release (where legal) and/or other items (“Verification Paperwork”) to FDC. Any requested Verification Paperwork must be received by FDC within five (5) business days after initial notification and as a condition of receiving the prize. FDC in its sole discretion may allow for transmission of Verification Paperwork via fax or email.
If the potential winner (a) cannot be contacted directly by, or does not respond to, FDC or its designee within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, FDC in its discretion may disqualify that individual and an alternate winner will be selected by random drawing as soon as reasonably practicable after such disqualification. Any alternate winner is subject to all eligibility requirements and restrictions of these Official Rules and must comply with all notification and verification requirements and deadlines set out above.
Verified winner will receive instructions from FDC or its designee on claiming or receiving his/her/their prize. Upon fulfilling the prize, FDC will be deemed to have awarded the prize to the winner and the winner assumes full responsibility for the prize.
If applicable, FDC, in its sole discretion, may permit the verified winner to authorize, in writing, another adult to pick up his/her/their prize; however, the winner must agree to release and hold FDC harmless from all liability for any prize claimed by his/her/their authorized designee and the winner’s designee will be required present photo ID. Upon fulfilling the prize, FDC will be deemed to have awarded the prize to the winner and the winner assumes full responsibility for the prize.
FDC, in its sole discretion, may post the verified winner's name on the Promotion Page and/or any of its websites, including but not limited to, https://www.firedeptcoffee.com/, and on or in any of its social media pages or channels. Except as provided in these Official Rules or otherwise required by law, FDC is not responsible for entering any correspondence or discussion regarding any Promotion results.
By accepting the prize, the winner agrees to award FDC the right to publicize his/her/their name, photographs (including the use and appearance of his/her/their photograph on FDC‘s websites), likeness, biographical information, email address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
Assumption of Risk
As noted above, winner and guest must agree to observe all applicable laws, guidelines, regulations, orders and directives at the time of the Race to guard against contracting and/or transmitting the COVID-19 virus (as defined by the World Health Organization and any of the strains, variants or mutations thereof) as well as submit to other screenings, including COVID-19 tests and/or submission of proof of COVID-19 vaccination, required by the Race and/or Pomona Dragstrip as a condition of admission to the Race. An inherent risk of exposure to the novel coronavirus/COVID-19 exists in any public place where people are present. COVID-19 is a highly contagious disease that may result in personal injury, severe illness, and death. According to the Centers for Disease Control and Prevention, senior citizens and persons with underlying medical conditions are especially vulnerable. Please visit the CDC’s website for its current guidance on people at increased risk for severe illness and other people who should take extra precautions. By attending the Race, you voluntarily assume all risks related to exposure to COVID-19. Please help keep each other safe. Released Parties cannot guarantee that winner or guest will not be exposed to and/or contract COVID-19 or other contagious diseases. Winner and guest agree that (a) all who attend the Race and/or other prize-related activity do so at their own risk, that (b) winner and guest accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other contagious diseases along with all related consequences, and that (c) winner and guest waive all right to bring any claims, including but not limited to claims of negligence, and agree to execute documents to that effect. Without limiting the generality of the foregoing, and notwithstanding the risks associated with COVID-19, winner and guest acknowledge and fully assume the risk of any illness, disease, personal injury, death, bodily harm, emotional distress and/or psychological harm that winner or guest may suffer or incur as a direct or indirect result of accepting a prize or participating in any prize-related activity, including without limitation, contracting COVID-19.
Limitation of Liability & Disclaimer of Warranties
By entering the Promotion and/or accepting the prize, you agree that FDC, STIHL, FMP, FVP, Streamlight, Matco, Lucas, Brown, ABM, Pomona Dragstrip, NHRA, Meta (“Facebook”), Twitter, Inc. (“Twitter”), Instagram from Meta (“Instagram”), Snap, Inc. (“Snapchat”), LinkedIn Corporation (“LinkedIn”), any other company involved in the development or administration of this Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including but not limited to: failed, incomplete, misdirected, corrupted, garbled or delayed transmissions, telephone connections, traffic congestion on telephone lines, the Internet or at any website; or disconnected, interrupted, or unavailable network, server, or other connections; or late, lost, undeliverable, damaged or stolen mail; or other errors of any kind, whether human, mechanical, or electronic; or entries that for any reason are not properly submitted or received by FDC by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the selection or announcement of the winner or prize, or otherwise in any Promotion-related materials; (c) are not responsible for any injury or damage to any computer, tablet, smartphone, modem or other device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select the winner because of postal failure, equipment failure, or data storage failure; (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of the winner, the award of the prize or otherwise in any Promotion-related materials; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry or entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize.
RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF THE PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES OR MOBILE PLATFORMS, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION.
By entering the Promotion and/or accepting the prize, you agree to release and hold Released Parties harmless from all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, illness (including contracting COVID-19 and/or any related illness), personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Promotion or any Promotion-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry or entry materials) during or after the Promotion; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize; and (d) any other claim or cause of action you may have against any Released Party. If, for any reason, any individual’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, that individual’s sole remedy is another entry, if it is possible.
BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD RELEASED PARTIES HARMLESS FROM ALL ALLEGED, EXISTING, OR FUTURE ACTIONS, CLAIMS, AND/OR LIABILITIES OF WHATEVER NATURE THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COVID-19 (AS DEFINED BY THE WORLD HEALTH ORGANIZATION AND ANY OF THE STRAINS, VARIANTS OR MUTATIONS THEREOF) OR OTHER COMMUNICABLE AND/OR INFECTIOUS DISEASES, VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSES THEREOF (COLLECTIVELY, “COMMUNICABLE DISEASE”) RELATED TO YOUR PARTICIPATION IN THE PROMOTION, ACCEPTANCE OF THE PRIZEAND/OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (A) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES AND/OR (B) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE, DURING ANY COMMUNICABLE DISEASE EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC.
BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE PROMOTION, YOU FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR THE PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET COSTS DESCRIBED ABOVE.
SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
FDC reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if FDC determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, regularly scheduled maintenance, malfunction, or any other cause beyond FDC‘s control. In such an event, FDC will post notice of same at the Promotion Page and select the winner at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as FDC, in its sole discretion, deems fair and appropriate under the circumstances.
Note: Without limiting the generality of the foregoing, FDC‘s failure or inability to award the prize offered, or otherwise to otherwise comply with any provision of these Official Rules as a result of the foregoing or of act of God, hurricane, earthquake, fire, volcanoes, war, riot, act of terrorism (domestic or otherwise), act of public enemies, actions of governmental authorities, restraints of public authority, or any similar or dissimilar occurrence or anything else beyond FDC‘s control (excepting compliance with applicable codes and regulations) or other force majeure event that makes awarding the prize offered in this Promotion impracticable, inadvisable, impossible or illegal or that otherwise materially affects FDC‘s ability to provide the prize will not be considered a breach of these Official Rules and FDC will have the right in its sole discretion to award a different prize, cancel or rescind the prize and/or cancel the Promotion as a whole.
FDC reserves the right to disqualify any individual from further participation in the Promotion if FDC concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards FDC or any other entrant or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including by using any prohibited device or method. Any failure by FDC to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND FDC RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
All activity arising out of and relating to the Promotion, including any reference to the status of any person as a "winner" is subject to verification and/or auditing for compliance with the Official Rules. If FDC determines, in its sole discretion, that verification or auditing activity evidence non-compliance of any entry and/or entrant with the Official Rules, FDC reserves the right to disqualify such entry and/or entrant from the Promotion and the prize at any time. FDC reserves the right to conduct a background check on the potential winner and to disqualify any individual based on such background check if FDC determines in its sole discretion that awarding the prize to any such individual might reflect negatively on FDC. Each entrant agrees to cooperate with FDC and its representatives in connection with all verification, auditing and/or background check activities.
FDC reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, FDC reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
Neither the NHRA, Facebook, Twitter, Instagram, Snapchat nor LinkedIn have endorsed or approved this Promotion or FDC. Any questions or complaints about this Promotion must be directed to FDC and not to the NHRA, Facebook, Twitter, Instagram, Snapchat or LinkedIn. Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Promotion, shall be governed by Illinois law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Illinois.
By entering the Promotion, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Winnebago County, Illinois, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Winner's Name/Official Rules
For a copy of the Official Rules or the final Winner's Name, visit the Promotion Page or mail a SASE to: Fuel the Drive Grand Prize Drawing c/o Fire Department Coffee, Inc., 811 W. Riverside Blvd., Rockford, Illinois 61103, specifying either “Winner's Name” or “Official Rules.” Winner's Name will be available after October 29, 2023.