NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The CAN Capital Promotion currently linking to these Official Rules (the “Promotion”), is sponsored by CAN Capital, Inc. (“Sponsor”), and consists of one or more individual sweepstakes (one per “Sweepstakes”). Each Sweepstakes begins on the first day of the month and ends on the last day of the month (such timeframe hereinafter referred to as the “Promotion Period”). During a Promotion Period, an eligible entrant (see eligibility requirements below) may enter the applicable Sweepstakes by completing and submitting a Customer Satisfaction Survey (an “Entry”). The Entry must fully comply with these Official Rules. At the conclusion of each Sweepstakes, one winner will be selected through a random drawing(s) from among all eligible entries received for that Sweepstakes, as more fully described and subject to the restrictions detailed below. The prize(s) will be a $250 Gift Card.
HOW TO ENTER: During the Promotion Period, eligible individuals (see below for eligibility) can enter by completing and submitting a Customer Satisfaction Survey or through the approved alternate method. A purported Entry that is submitted in any other way will be ineligible and will not be considered for entry into the applicable Sweepstakes. Entries are not cumulative and do not roll over; entry into one Promotion does not constitute entry into any other Promotion.
Your Entry must comply with all of the Submission Requirements set forth below or it will be disqualified.
An Entry must be submitted and received by Sponsor during the applicable Promotion Period. Receipt of entries will not be acknowledged. Facsimiles, mechanical reproductions, alterations, garbled, illegitimate, incomprehensible, incomplete, unintelligible, misdirected, lost, late, mutilated, fraudulent or forged entries, or entries generated by a macro, bot, or other automated means (all as determined by Sponsor in its sole discretion) will not be accepted and are void. Entries received outside the applicable Promotion Period, that contain content or language that is obscene or offensive, or that violates any third party’s or Sponsor’s rights will be void.
Limit one (1) entry per person and per email address. A potential winner of one (1) Sweepstakes in this Promotion is eligible to enter subsequent Promotions, however, an individual may only be confirmed as the winner of one (1) Sweepstakes for one (1) prize in this Promotion.
You will be automatically entered into the Sweepstakes for the applicable month by completing the Customer Satisfaction Survey. Alternatively, you may enter the Sweepstakes by mailing the following information to CAN Capital, Inc. c/o Jason Vaughn at CAN Capital, 2015 Vaughn Road NW, Building 500, Kennesaw, GA 30152: Your name, business name, address, email address, phone number and a note that you would like to be entered into the current month’s Customer Satisfaction Survey Sweepstakes. Mailed entries will be entered into the Sweepstakes held for the month in which CAN Capital receives your letter.
Those who do not follow all instructions of Sponsor or its representatives and provide all required information, or abide by these Official Rules may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries made by any means other than as specified herein, including, without limitation, commercial sweepstakes subscription, notification, and/or entering services, will be declared invalid and disqualified for the applicable Sweepstakes. By participating in a Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects. ANY ENTRY OR ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
ELIGIBILITY: This Promotion is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least 21 years old on the date of entry for the applicable Sweepstakes. This Promotion is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. Employees, officers, directors, members, managers, employees, representatives and agents of Sponsor, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies the “Released Parties”), and their immediate families (defined as spouse, partner, mother, father, legal guardian, sister, brother, son, daughter, uncle, aunt, nephew, niece, grandparent and in-law, regardless of where they live) and members of their households (whether or not related), are ineligible to participate or win the prize in this Promotion.
SUBMISSION REQUIREMENTS: Your Entry must meet all of the following requirements (as determined by Sponsor in its sole discretion) or you and the associated entry may be disqualified:
Entry must be in English.
Entry by survey is only considered complete if all questions are answered and submitted through the electronic survey system
Entry by mail must comply with the conditions set forth above
DRAWING, NOTIFICATION, AND ODDS OF WINNING: The specified number of winners will be selected in a random drawing by Sponsor’s or Administrator’s designated representative from among all eligible entries received for the applicable Sweepstakes. The drawing will take place after the end of the applicable Promotion Period. Decisions of the Sponsor are final on all matters relating to the Promotion, including interpretation of these Official Rules, determining the winner and awarding of the prize. Odds of winning the prize depend on the number of eligible entries received. Sponsor will attempt to notify the potential prize winner (subject to Sponsor’s verification process) by phone the day after the end of the applicable Promotion Period. If any prize, prize notification, or other Promotion-related communication is returned as undeliverable, or if the selected winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify such potential winner two (2) times, the selected winner may be disqualified and an alternate winner may be selected (in Sponsor’s sole discretion). Sponsor will not be obligated to pursue more than three (3) alternate winners for any reason, in which case the prize may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. In the event of a dispute about the identity of an entrant, if the dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. The prize, if legitimately claimed, will be awarded.
PRIZE: $250 Gift Card.
LIMITATION ON LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE PROMOTION, THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WINNER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL DISCLAIMERS: The Released Parties are not liable to any winner, any entrant or any person claiming through such winner or entrant for failure to supply the prize or any part thereof, by reason of any acts 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), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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 other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: entries that are submitted by illegitimate means or entries in excess of the stated limit; lost, late, incomplete, misdirected, stolen, garbled or illegible entries, e-mail, mail, or Promotion-related correspondence or materials or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic or other communications; errors, typos or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Promotion; unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; technical or human error which may occur in the administration of the Promotion or the processing of entries; or any 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 Promotion or receipt or use of any prize. 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 entry in the applicable Sweepstakes. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of a Sweepstakes if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of a Sweepstakes, and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any changes or unavailability of any social media platform that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for any Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify a Sweepstakes and any subsequent Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Promotion, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse threaten or harass any other person. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Participants agree to not damage or cause interruption of any Sweepstakes and/or prevent others from using any Sweepstakes. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address provided or associated with the social media account used to submit the entry will be deemed to be the entrant, but only if that person is an eligible entrant in accordance with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address which was used to create the social media account. Any winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage made to the social media platform will be the responsibility of the registered account holder of the e-mail address for the social media account submitted at the time of entry. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW/GENERAL: This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Georgia, without reference to its conflicts of laws principles. Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Georgia. By entering, and as a condition of entry, each entrant agrees, to the extent permitted by applicable law: (1) TO ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS OF GEORGIA, BOTH FEDERAL AND STATE, FOR RESOLUTION OF ANY DISPUTES IN CONNECTION WITH THE PROMOTION; (2) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (3) that the decisions of the Sponsor are final and binding on all matters relating to the Promotion, including interpretation of these Official Rules and awarding of the prize; (4) to the use of his/her name, voice, likeness, biographical data and/or information contained in his/her entry for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Administrator, Sponsor, its promotional partners, and third party marketing entities, without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve such use); (5) that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Promotion, or the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action; and (6) that in the event of any dispute between the entrant and any Released Party: (a) entrant will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10); (b) entrant further waives all rights to have damages multiplied or otherwise increased; and (c) entrants’ remedies are limited to a claim for money damages (if any) and entrants irrevocably waive any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PROVISION (6) ABOVE MAY NOT APPLY TO ALL ENTRANTS.
RULES/WHO WON?: These Official Rules (during the Promotion Period) will be available by sending a self-addressed, stamped envelope indicating “Rules” to ” CAN Capital Customer Satisfaction Survey Sweepstakes” 2015 Vaughn Road NW, Bldg 500, Kennesaw, GA 30144.” A list of entrants who won will be available by sending a self-addressed, stamped envelope indicating “Who Won” to “CAN Capital Customer Satisfaction Survey Sweepstakes” 2015 Vaughn Road, Kennesaw, GA 30144. Rules requests must be received no later than the end of the Promotion Period. Requests for winner information must be received no later than three (3) months after the end of the Promotion Period. Only one (1) request per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage for Official Rules requests.
SPONSOR: CAN Capital, Inc., 2015 Vaughn Road NW, Building 500, Kennesaw, GA 30144