JIFFY LUBE “KEEP SUMMER ROLLING” ICE CREAM TRUCK OFFER 2023
TERMS AND CONDITIONS
THIS IS A “WHILE SUPPLIES LAST” OFFER, WHICH IS LIMITED TO THE FIRST 200 REQUESTS.
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THIS OFFER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANCES OF RECEIVING A GIFT IN THIS OFFER. INTERNET ACCESS IS REQUIRED TO PARTICIPATE. VOID WHERE PROHIBITED BY LAW.
THIS IS A TRADE PROMOTIONAL OFFER AND IS NOT OPEN TO THE GENERAL PUBLIC
- 1. OFFER TIMING: The Jiffy Lube “Keep Summer Rolling” Ice Cream Truck Offer 2023 (the “Offer”) begins at 12:00 AM Eastern Time (“ET”) on June 22, 2023, and ends the sooner of: [a] the moment when 200 gift requests have been received; or [b] 11:59 PM ET on August 31, 2023 (the “Offer Period”). If 200 gift requests are received prior to 11:59 PM ET on August 31, 2023, Sponsor will post notice to that effect at www.jiffylube.com/keepsummerrolling.
- 2. ELIGIBILITY: The Offer is open only to legal residents of the fifty (50) United States and the District of Columbia (collectively, the “Eligibility Area”) who are at least 18 years of age or older, and who have ownership in (and signing authority for) a company located in the Eligibility Area which owns one or more ice cream trucks (each such individual, a “Participant”; and their company, a “Company”). The following individuals are NOT eligible to participate in the Offer: employees, officers and directors of Jiffy Lube International, Inc. (“Sponsor”), its promotional partner Conopco, Inc., d/b/a Unilever (“Promotional Ally”), their respective parent, subsidiary, and affiliated companies, any entity involved in the development, administration, promotion, or implementation of the Offer, together with members of the immediate families (spouses and parents, children and siblings and their spouses) and persons living in the same household of such individuals. Any determinations of eligibility will be made by the Sponsor whose decisions are final and may be made at any time. The Offer is subject to all applicable Federal, state, and local laws and regulations and is void outside the Eligibility Area and where prohibited/restricted by law. The Offer is a trade promotion and is not open to the general public.
- 3. AGREEMENT TO TERMS AND CONDITIONS: By participating in the Offer, each Participant represents and warrants that they: (i) have read these Terms and Conditions (the “Terms and Conditions”), and agree to be fully and unconditionally bound by them, and by the interpretations of these Terms and Conditions by the Sponsor and its designees, and by the decisions of Sponsor and its designees, which are final in all matters relating to this Offer; (ii) agree to release and hold harmless the Released Parties as further detailed in Section 7; (iii) acknowledge compliance with these Terms and Conditions; (iv) warrant that all information they have provided in connection with the Offer is true, accurate and complete; and (v) agree to comply with all federal, state and local laws and regulations. By participating in the Offer, each Participant represents and warrants that their Company: (a) has full knowledge of the Participant’s actions in conjunction with the Offer; (b) has consented to the Participant’s participation; and (c) has consented to the potential receipt and use of the applicable gift described in Section 5. By participating, Participants agree that Sponsor is free to rely upon this warranty and representation, and that Sponsor is under no obligation to independently verify a Company’s policies and procedures. If a Participant is participating in violation of the applicable Company’s policies, that Participant may be disqualified from participating in the Offer and the Company may be disqualified from receiving a gift. The Released Parties (as defined in Section 7 below) hereby disclaim any and all liability or responsibility for disputes arising between a Participant and a Company (or any other person/entity) related to this matter.
- 4. HOW TO PARTICIPATE: During the Offer Period, Participants will visit www.jiffylube.com/keepsummerrolling and follow the website’s instructions to fully complete and submit the required gift request form. When completing the gift request form, Participants will also be presented with the choice to opt-in to receive email marketing from Good Humor® and other Unilever brands by checking the applicable box on the gift request form; however, opting-in to Promotional Ally’s email marketing list is not required to receive a gift in the Offer. Limit one (1) gift request per Company and per email address. Multiple participants are not permitted to share the same email address. Participants may report any technical issues experienced at jiffylube.com/keepsummerrolling by visiting https://www.jiffylube.com/contact and either: (a) calling the toll-free customer service telephone number; or (b) clicking the “Send Customer Feedback” button and submitting an online feedback form. Sponsor may terminate, rescind, or modify the promotion at any time without notice.
Receiving a gift via the Offer is contingent upon fulfilling all requirements set forth herein. All gift requests are subject to verification of compliance with these Terms and Conditions by Sponsor or its designee(s), in their sole discretion. Sponsor reserves the right to disqualify any gift request which it (or its designee[s]) determine in its/their sole discretion to be: (a) late, incomplete, inaccurate, or in excess of any stated gift request limit; or (b) fraudulent, misleading, or otherwise not in compliance with these Terms and Conditions. Sponsor’s hosted web server will be the official time clock for the Offer, and Sponsor’s records are the official records for determining when any gift request was received. The use of any device or technique to automate participation in this Offer, including but not limited to, participation using any bot, macro, script, hack, or form-filling service/software (or any other devices or techniques intended to automate any part of participation in the Offer) is prohibited. Participation by any means which subverts the participation process as described herein will be void. If Sponsor or its designee, in its sole discretion, determines that any participating Participant has used any device or technique to automate or subvert the participation process or participation limits, all participation by that Participant will be void and future participation attempts by the Participant at issue may be blocked. All submitted information becomes property of Sponsor and will not be returned. Any acknowledgment of receipt of a gift request does not constitute any representation as to eligibility, nor is it otherwise binding upon the Sponsor or any other party, in any respect. Proof of submission of a gift request does not constitute proof of receipt of gift request. In the event of a dispute as to the identity of the Participant associated with any gift request, the authorized account holder of the email account associated with the applicable gift request, at time of submission, will be deemed to be the Participant participating in the Offer, as applicable. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. Participants associated with a particular gift request may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted a gift request cannot be resolved to Sponsor’s satisfaction, the affected gift request will be deemed ineligible. Participants are solely responsible for internet access and usage charges incurred during participation in the Offer, if any. If you opt to use a wireless mobile device to submit a gift request, data rates and other charges may apply; check with your mobile carrier for rates/details.
- 5. GIFT DESCRIPTION: Two hundred (200) gifts will be made available, each consisting of a $150 Jiffy Lube gift card. Limit one (1) gift per Company. Gifts will be provided to the Company associated with each valid gift request, pending verification of eligibility of the Company and associated Participant, and their continued compliance with these Terms and Conditions and Sponsor’s instructions. Any gift details not specified will be determined by Sponsor in its sole discretion. Use of any gift card is subject to the terms printed and/or referenced thereon. Sponsor reserves the right to include additional promotional items of its choice, along with any gift. All expenses not specifically included as part of a gift, are not included and are solely the gift recipient’s responsibility. Gift recipients should expect to receive their gifts by mail within approximately 6 to 8 weeks following verification. Gifts will be shipped to the Company named in the applicable eligible gift request, at the verifiable address provided in the applicable eligible gift request, within the 50 United States or the District of Columbia. Sponsor will not replace any misdirected, lost, damaged or stolen gifts. See Section 6 below for gift recipient notification details and additional gift restrictions.
- 6. GIFT STATUS NOTIFICATION AND ADDITIONAL GIFT RESTRICTIONS: Sponsor will notify (or to have its designee notify) the Participant associated with each gift request by email, to let them know whether the associated gift claim was deemed valid under these Terms and Conditions, in Sponsor’s sole discretion. Further, Sponsor reserves the right in its sole discretion, to require a Participant to complete a declaration of eligibility, a liability release, (where legal) a publicity release, and any other information or documentation which Sponsor deems necessary (in its sole discretion) to verify the eligibility of the related gift request, all of which must be returned within the time period specified at the time of such request. Proof of identity, age, legal residence, and Company ownership/details may be required to receive a gift. Any Participant or related Company may be disqualified in Sponsor’s sole discretion if: (a) they fail to comply with any of the terms of these Terms and Conditions; (b) they fail to reply or to provide any required information or properly completed documents within the required time period (as applicable); and/or (c) any related gift or notification is returned as undeliverable. In the event of disqualification of a particular gift request, at Sponsor’s sole discretion the applicable gift may be made available for request by another Participant, pending verification of eligibility of that Participant and their Company (and to effect this in the interest of distributing all available gifts, if the gift request form had been previously closed due to reaching 200 gift requests, Sponsor reserves the right in its sole discretion to temporarily re-open the gift request form to allow for this additional request at any time prior to 11:59 PM ET on August 31, 2023). Gifts which are not properly requested by 11:59 PM ET on August 31, 2023, will remain unfulfilled. No responsibility is assumed by the Released Parties (as defined in Section 7 below) for any incorrect physical/postal address, email address or phone number associated with a gift request, or any change of address, email address or phone number after participation. All taxes on gifts (including without limitation Federal, state and local taxes) and all expenses related to acceptance and use of gifts and not specified herein are sole responsibility of the gift recipients. Gifts are non-transferable and no gift substitution will be made except by Sponsor due to gift unavailability or any other reason as solely determined by Sponsor in which case a gift of comparable or greater value will be provided.
- 7. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Offer, Participants and their Companies agree to forever and irrevocably release, discharge and hold harmless Sponsor, Promotional Ally, any social media platform used to promote the Offer (including, but not limited to, Meta Platforms, Inc.) and their respective parents, subsidiaries, and affiliates, as well as any entity involved in the development, administration, promotion, or implementation of the Offer, together with the respective officers, directors, employees, representatives, agents, shareholders, successors and assigns of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Offer or receipt or use/misuse of any gift, including, but not limited to: (a) unauthorized human intervention in the Offer; (b) technical errors or problems of any kind related to computers, servers, software, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Offer; (d) errors in the administration of the Offer, the processing of gift requests, or the announcement of gift eligibility; (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt of any gift; and/or (f) any condition caused by events beyond the control of the Sponsor that may cause the Offer to be disrupted or corrupted. Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property resulting from the Offer or relating to the delivery and/or subsequent use or misuse of any gifts provided. Without limiting the foregoing, the Offer and all related materials are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement (with the exception of manufacturer’s warranties, if applicable).
- 8. GENERAL CONDITIONS: The Released Parties are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Offer, including, without limitation, errors which may occur in the administration of the Offer, processing of gift requests; the announcement of gift eligibility or in any Offer–related materials; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) late, lost, garbled, misdirected, incomplete, stolen, delayed or misdirected gift requests; (d) inaccessibility of any website in whole or in part for any reason; (e) damage to Participant’s or any person's computer, mobile device or other equipment or the contents thereof; and/or (f) any condition caused by events that may cause the Offer to be disrupted or corrupted. In the event of any conflict between any Offer details contained in these Terms and Conditions and Offer details contained in any Offer advertising materials, the details of the Offer as set forth in these Terms and Conditions shall prevail. In the event that the operation, security, or administration of the Offer is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem as well as any natural disaster, disease, civil disturbance or governmental action which interferes with Sponsor offering the Offer, the Sponsor may, in its sole discretion, either: (i) suspend the Offer to address the impairment and then resume the Offer in a manner that best conforms to the spirit of these Terms and Conditions; (ii) fulfill the gifts from among the applicable eligible gift requests received up to the time of the impairment; and/or (iii) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Although Sponsor attempts to ensure the integrity of the Offer, Released Parties are not responsible for the actions of Participants or other individuals in connection with the Offer, including Participants' or other individuals' attempts to circumvent the Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity, and/or proper conduct of the Offer. Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Offer or any future Sponsor promotion, any Participant or Company it suspects: (1) to be tampering with the gift request process or the operation of the Offer or attempting to defraud Sponsor in conjunction with participation in the Offer; (2) to be acting in violation of these Terms and Conditions; (3) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (4) to have failed to agree to these Terms and Conditions; and/or (5) to be in violation of these Terms and Conditions. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE OFFER SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. By participating in this Offer, Participants and their affiliated Companies agree to waive any right to claim ambiguity or any deficiency in these Terms and Conditions or the Offer, including its administration. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including within these Terms and Conditions.
- 9. PUBLICITY: Participation in the Offer shall constitute and signify the applicable Participant’s (and their affiliated Company’s) agreement and consent that Sponsor and its designees shall have a royalty-free, irrevocable, perpetual, non-exclusive, worldwide license, right, and permission to use Participant’s first and last names, Company name, address (city and state), photograph, likeness, voice, biographical information, participation information, written or oral statements related to Sponsor and/or the Offer, and/or Participant’s gift information (collectively, the “Materials”), or to refrain from doing so, in any manner or media whatsoever, for advertising and promotional purposes in conjunction with the Offer and similar promotions, without notice to or further approval of Participant, except where prohibited by law. Participant and their affiliated Company acknowledge that they shall not have any right or claim of approval, including, but not limited to any right or claim of compensation, arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Materials.
- 10. INDEMNIFICATION: By participating in the Offer, each Participant and their Company agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, causes of action, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and disbursements), including, but not limited to, those related to personal injury, death, or damage to or loss of property, arising out of or relating to (i) such Participant and/or Company’s participation in the Offer, including, but not limited to, any dispute with any party that may arise in connection therewith; (ii) Participant and/or Company’s receipt, use, or misuse of any gift provided under these Terms and Conditions, (iii) such Participant and/or Company’s breach of any of the terms of these Terms and Conditions, and/or (iv) any violation by Participant and/or Company of any applicable law, rule, regulation, policy, guideline, and/or term of service in connection with the Offer including in connection with Participant’s submission of a gift request.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EACH PARTICIPANT AND COMPANY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES: (I) WILL A PARTICIPANT OR COMPANY BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT AND COMPANY HEREBY EXPRESSLY WAIVES ALL RIGHTS TO CLAIM, ANY (A) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL AND/OR OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET COSTS INCURRED WHETHER FORESEEABLE OR UNFORSEEABLE EVEN IF THE PARTICIPANT OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) TREBLED, MULTIPLIED, OR OTHERWISE SIMILARLY INCREASED DAMAGES, NOR (II) WILL SPONSOR INCUR ANY LIABILITY WHATSOEVER AS A RESULT OF SPONSOR REFRAINING FROM THE EXPLOITATION OF ANY OF THE RIGHTS SET FORTH IN THESE TERMS AND CONDITIONS.
- 12. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Offer, each Participant and their Company agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Offer or any gift provided shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in or nearest to Houston, Texas; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Offer (if any) but in no event attorneys’ fees; (c) under no circumstances will a Participant or Company be permitted to obtain awards for (and each Participant and Company hereby waive all rights to claim) punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) a Participant’s and/or Company’s remedies are limited to a claim for money damages (if any) and each Participant and/or Company hereby irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, a Participant’s and/or Company’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. All Participants and their Companies hereby consent to the jurisdiction of such courts and waive any defense of inconvenient forum.
- 13. SEVERABILITY/HEADINGS: If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Terms and Conditions solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Terms and Conditions or any provision hereof.
SPONSOR: Jiffy Lube International, Inc., 150 N. Dairy Ashford, Houston, TX 77079
SPONSOR’S PROMOTIONAL ALLY: Conopco, Inc., d/b/a Unilever. Good Humor® is a registered trademark of Conopco, Inc., d/b/a Unilever and is used with permission.
The above referenced Offer is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, or other social media entities. You understand that you are providing your information to Sponsor, not to Facebook, Instagram, Twitter, or other social media entities. Any questions, comments or complaints regarding the Offer must be directed to the Sponsor and not to Facebook, Instagram, Twitter, or other social media entities.