THE PROVIDENT CREDIT UNION SMART CAR GIVEAWAY SWEEPSTAKES ("SWEEPSTAKES") IS INTENDED FOR PLAY IN CALIFORNIA AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN, AND A LEGAL RESIDENT OF, THE ELIGIBILITY AREA.
NO PURCHASE AND NO ONLINE ENTRY IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
GRAND PRIZE WINNER MUST BE ELIGIBLE FOR PROVIDENT CREDIT UNION MEMBERSHIP AND WILL BE REQUIRED TO SIGN AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IN SPONSOR'S SOLE DISCRETION AS MORE FULLY DETAILED BELOW, OR PRIZE MAY BE FORFEITED.
Important: Please read these Official Contest Rules (the "Agreement"; the "Terms and Conditions") carefully before participating in the Provident Credit Union ("Provident") Summer Car Giveaway ("Promotion"). This Agreement explains the Terms and Conditions that govern the Promotion. It is your responsibility to ensure that you have read and understand them. By receiving any prize, reward or benefit in connection to the Promotion, you agree to be bound by the respective Terms and Conditions of the Promotion. Participating in this Promotion and the prizes that are offered to members and non-members is at the sole discretion of Provident, and Provident has the right to change respective Promotion Terms and Conditions, in whole or in part, or to discontinue the Promotion, at any time with or without notice to its members or non-members.
Each person submitting an entry for the Grand Prize must be 18 years of age or older, have a valid drivers license and must also meet all criteria needed to open a Provident share account to qualify for participation in the Promotion and to be enrolled in the Promotion. Eligibility for opening a share account requires you to fall under one of these categories: Community eligibility, Company eligibility, Family eligibility or Household eligibility; see our web site at Providentcu.org or call 800.632.4600 for eligibility details.
Winners must provide Provident with their full name and a valid, current mailing address, phone number and e-mail address, if applicable, to claim a prize. Entries for the Grand Prize are located on the Provident Website site located at www.providentcu.org. If any person chooses to use the online web-based Provident entry form, for the contest under the Promotion, that person must have internet access and a valid email address to be eligible to participate in the Promotion. Provident is not responsible for your inability to connect to the Internet or log into the Provident Web site. Entries for the Grand Prize must be submitted online by 11:59 PDT, in person at one of our branches or received by Provident through the mail, no later than 9/30/2010. Mailed entries can be sent to Provident Marketing Department, 303 Twin Dolphin Drive, Redwood City , CA 94065
All entries become the property of Provident and will not be returned.
Members and non-members ("Entrants") must be human beings: no machines, scripts, web bots or automobile dealers or manufacturers may be used to accumulate prizes, votes or other privileges or benefits associated with the Promotion. Provident cannot anticipate the number of contestants for any prize. The following individuals are not eligible to win the Grand Prize: 1) Provident employees and immediate family members, and official volunteers and immediate family members; 2) any person that does not qualify for membership under Provident's membership criteria (including customer identification requirements); 3) any person who lacks legal capacity or the capacity to make contracts; 4) any person who is not a U.S. citizen or lawful permanent U.S. resident. If an ineligible person is selected as the winner, an alternate winner will be chosen and notified by U. S Postal Service mail or telephone. For the purposes of this content immediate family members are defined as spouse, parents, siblings and children, regardless of where they live) or members of the households of such employees, officers or directors (whether or not related), are not eligible.
The Sweepstakes begins at 12:01:00 AM Pacific Time ("PT") on April 26, 2010 and ends at 11:59:59 PM PT on September 30, 2010 (the "Entry Period").
ONE (1) of three (3) ways to enter the sweepstakes:
A. Provident web site online entry: To enter online, follow the onscreen instructions to complete and submit the official entry form on the Sweepstakes site ("Online Entry"), which is located at www.providentcu.org. You will be required to provide your first and last name, telephone number, email address, physical address including city and county of residence, U.S. citizenship or legal permanent resident of the U.S., and date of birth. Limit of one entry per person for the entry period, regardless of means of entry.
B. Entry by Mail: To enter, print your name, date of birth, physical address, email address, and home telephone number on a 3" x 5" card and mail to: PROVIDENT CREDIT UNION Smart Car Sweepstakes, 303 Twin Dolphin Drive, Redwood City, CA 94065. Limit of one entry per person and email address for the entry period, regardless of means of entry. All mail-in entries must be postmarked no later than the last day of the Entry Period and received by Sponsor no more than seven (7) calendar days later. Provident is not responsible for lost, late, damaged, misdirected, illegible, or postage-due mail entries, or those received more than 7 calendar days after the entry period. No photocopies or mechanically or electronically reproduced entries accepted.
C. In-Branch Entry (Current Provident Members Only): To enter in-branch simply visit a Provident Community Branch and speak with a representative. You will be asked to verify your name, date of birth, physical address, and email address. A current and valid email address is required for a valid entry. Limit of one entry per person and email address for the entry period, regardless of means of entry.
Odds of winning will be determined by the total number of entries received.
For purposes of these Official Rules, "receipt" of an Online Entry occurs when Provident servers record the entry information upon clicking the "Submit Entry" (or similarly worded) button. In the event of a dispute about the identity of an online entrant, each Online Entry will be declared made by the authorized email account holder of the email address submitted at the time of entry, but only if that person meets all other eligibility criteria and has otherwise complied with these Official Rules. "Authorized email account holder" is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Provident with proof that he/she is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. The Web Site's database clock will be the official timekeeper for this Sweepstakes.
The following applies to all methods of entry: LIMIT ONE (1) ENTRY PER PERSON AND EMAIL ADDRESS, REGARDLESS OF MEANS OF ENTRY. Although subsequent attempts to enter may be received, only the first entry received from a particular individual and using a particular email address will count; subsequent attempts to enter will be disqualified. The submission of an entry is solely the responsibility of the entrant. Automated entries (including but not limited to entries submitted using any bot, script, macro, or sweepstakes entry or notification service), copies, forged entries, third party entries, entries by entities, facsimiles and/or mechanical reproductions are not permitted and will be disqualified. Only eligible entries actually received by Provident during the applicable time frame and no later than the applicable deadline specified above will be included in the sweepstakes.
Grand Prize: One (1) Grand Prize winner will receive, subject to verification, a 2010 Smart fortwo. Winner(s) will be responsible for all taxes (Federal, State and Local) as well as licensing, registration, and delivery of prize. Transfers, taxes, airport and carrier fees, government fees and charges, insurance, and all other expenses not specified in these Official Rules as being part of the Grand Prize are the sole responsibility of the Grand Prize winner. Provident Credit Union accepts no responsibility for any additional expenses, omissions, delays or re-routing resulting from any act of any government or authority. Prize cannot be used in conjunction with any other promotion or offer and may not be separated. Approximate retail value ("ARV") of the Grand Prize: $13,200 USD. Actual retail value of the prize may vary depending on the grand prize winner's residence, market conditions, changes in value of Smart fortwo automobiles and other reasons. Grand prize winner agrees with Sponsor's procedures and policies and must complete, sign, have notarized and return a release of liability and, unless prohibited by law, a publicity release to Sponsor in the form provided and within the timeframe specified by Sponsor.
All prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. Prize may not be transferred or assigned except by Sponsor. Only listed prize will be awarded and no substitutions, cash equivalents or redemptions will be made. Expenses not specifically stated above, together with the reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize. Provident expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Restrictions, conditions, and limitations apply. Provident will not replace any lost, mutilated or stolen prize items or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. Each prize, if legitimately claimed, will be awarded. No more than the stated prize will be awarded.
The Grand Prize winner of the Promotion will be determined by the entry that is selected randomly by Provident. The Grand Prize winner will be determined on October 1, 2010 and notified by October 15, 2010. Provident will attempt to notify the potential winner within approximately five (5) days after the drawing date via email, U.S. mail, telephone and/or by overnight courier (in Sponsor's sole discretion). Each prize winner may be required to sign, notarize and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited by law). The Affidavit of Eligibility and Liability/Publicity Release is subject to verification by Sponsor. Except where prohibited by law, potential winners must return all such required documents within five (5) business days following attempted notification or prize may be forfeited. Return of any prize, prize notification or other Sweepstake-related communication as undeliverable, its rejection, or the inability of Provident to contact a potential winner after a reasonable attempt has been made may result in disqualification and selection of an alternate winner by random drawing in Sponsor's sole discretion. If applicable, winner may be issued an IRS Form 1099 which documents the value of the prize for tax purposes. Any difference between actual value of a prize and the ARV as stated in these Official Rules or in any Sweepstakes-related correspondence or materials will not be awarded. One winner will receive the Grand Prize. No cash prize substitute is available.
If the member lives in the California Bay Area or the Sacramento Area, he/she will be required to participate in a presentation ceremony for PR purposes. The Ceremony will be scheduled at member's and Provident's mutual convenience. If the Grand Prize winner is not a member of Provident , he/she must be eligible to join Provident and is required to become a member. Provident will waive the $10 one-time membership fee and deposit the $25 minimum balance into the member share account prior to awarding the prize.
Delivery of the prize will be made according to member's and Provident 's convenience. By entering the contest and accepting the Grand Prize the winner consents to the use of his/her name and likeness, and of a photo of the winning car in credit union promotional materials in any media. For the name of the Grand Prize winner, send a self-addressed stamped business sized envelope by October 31, 2010 to Provident at 303 Twin Dolphin Drive, Redwood City CA 94065.
By entering the Sweepstakes, entrants agree to comply with and be bound by these Official Rules. The Official Rules will be posted at the Web Site throughout the Entry Period and a copy can also be obtained by sending a self-addressed, stamped envelope during the Entry Period to: Provident Credit Union Smart Car Giveaway Sweepstakes, Failure to comply with these Official Rules or instructions of Sponsor may result in disqualification from the Sweepstakes in Sponsor's sole discretion. Entrants further agree to comply with and be bound by the decisions of Sponsor and its representatives, which will be final and binding in all respects. Provident reserves the right at its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation, security, fairness or proper play of the Sweepstakes or any Provident website; (b) violating the Official Rules; violating the terms of service, conditions of use and/or general rules or guidelines of any Provident property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROVIDENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Provident is not responsible for security of personal information that is submitted over the Internet. Provident is not responsible for security of personal information until it is delivered to our financial center by submission of a paper form.
THE PROMOTION IS BEING PROVIDED TO MEMBERS AND NON-MEMBERS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDENT EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PROVIDENT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROMOTION.
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF PROVIDENT PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS DOCUMENT, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
This Sweepstakes is governed by the laws of the United States. All federal, state and local laws and regulations apply.
By entering, participants: (a) agree to release, indemnify and hold harmless Provident , and their respective parents, subsidiaries, affiliates, directors, officers, members, managers, employees, and agents from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from or in connection with acceptance, awarding, possession, misuse or use of any prize, participation in this Sweepstakes, or while traveling to or from, preparing for, or participating in any Sweepstakes-related or prize-related activity, and (b) grant to Provident the right to use and publish their proper name, state/province/territory and his or her submitted photograph (if any) online and in print, or any other media, in connection with the Sweepstakes without further compensation, consideration, review or consent. 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." Except where prohibited by law, a winner's acceptance of a prize constitutes permission for Provident to use such winner's name, city and state/province or territory, statements, photograph (submitted photograph and any other photograph), voice and/or likeness for any advertising and promotional purposes relating to the Sweepstakes without further compensation, consideration, review or consent. Nothing contained in these Official Rules obligates the Provident to make use of any of the rights granted herein.
Provident assumes no responsibility for lost, late, misdirected, postage-due, illegible, or mutilated entries, or for theft, destruction or unauthorized access to, or alteration of, entries. Provident is not responsible for any incorrect or inaccurate information, whether caused by Web site users, any of the equipment or programming associated with or utilized in the Sweepstakes, or any technical or human error which may occur in the processing of submissions in the Sweepstakes. Provident assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. Provident is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Provident,which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Provident reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select winners from among all eligible entries received prior to the cancellation. Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), the discrepancy will be resolved in Sponsor's sole discretion. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner's name may have been shown or announced. Provident is 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. Provident is not responsible, and may disqualify entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor. Provident is not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves 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 the Provident's sole control.
Provident reserves the right to terminate the Promotion at any time without notice to the extent permissible by law. Provident may modify the Terms and Conditions from time to time, to the extent permissible by law, with or without notice, and continued participation in the Promotion after such modification shall be deemed to be acceptance of any such modification. It is your responsibility to check the Terms and Conditions that can be found at the Provident Web site, or posted in Provident branches regularly to determine whether the Terms and Conditions have been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Promotion.
Participation in the Promotion is subject to the Promotion Terms and Conditions. Any failure to comply with the Promotion Terms and Conditions, any fraud or abuse, even if due to mere negligence, relating to the awarding of prizes, or any misrepresentation of any information furnished to Provident by you, or anyone acting on your behalf, may result in the termination of your eligibility for and/or participation in the Promotion and the forfeiture and/or return of any prizes awarded in connection with the Promotion. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf, Provident reserves the right to suspend prize delivery in connection with thePromotion indefinitely pending investigation.
All questions or disputes regarding the Promotion, including without limitation, questions or disputes regarding eligibility for the Promotion, or the eligibility to win a prize must be submitted in writing by October 31, 2010, to Provident at 303 Twin Dolphin Drive, Redwood City, California 94065. Any such disputes shall be resolved by Provident at the sole discretion of Provident. In the event that an error is made by Provident, such error shall not constitute a breach of this Agreement, and your sole remedy shall be in the form of eligibility or if you are the winner of the Grand Prize, depending on your eligibility in which the error was made, the alternate prize amount offered by Provident in connection with the Promotion.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. If any provisions of the Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Provident to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between members or non-members and Provident with respect to the Promotion.
By entering the Sweepstakes, you agree to Provident's use of your personal information as described in Provident's Privacy Policy, located at http://www.providentcu.org/AFrames/MembershipFrames/Privacy.html
The names of the prize winners may be obtained after approximately October 15, 2010, and no later than December 31, 2010, by sending a self-addressed stamped envelope to: Provident Credit Union Smart Car Giveaway Sweepstakes, Winners List Requests, 303 Twin Dolphin Drive, Redwood Shores CA 94065. One (1) request per outer envelope will be fulfilled.
Provident Credit Union, 303 Twin Dolphin Drive, Redwood Shores CA 94065.