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AAA #ACTIONAGAINSTDISTRACTION  EMPLOYEE PLEDGE PROMOTION

Official Rules

 

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. 

PROMOTION DESCRIPTION: The AAA #ACTIONAGAINSTDISTRACTION  Employee Pledge Promotion (the “Promotion”) begins on April 1, 2025 at 12:00:00 a.m. Pacific Time (“PT”) and ends on April 30, 2025 at 11:59:59 p.m. PT (the “Promotion Period”). Following the Promotion Period, a winner will be selected by May 31, 2025, as more fully set forth below. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Automobile Club of Southern California, 3333 Fairview Dr., Costa Mesa, CA92626 (“Sponsor” or Club”), which shall be final and binding in all respects.

 

ELIGIBILITY: Open to employees of Sponsor.  Employees working within Sponsor’s youth marketing team, and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Promotion or win. This Promotion is void where prohibited. 

 

HOW TO ENTER:   Entrants that complete the online submission form at https://aaadistracteddrivinghashtagcontest.secure-platform.com/pledge/ and meet the eligibility requirements will be entered into the contest. All entries must be received during the Promotion Period. Multiple entries per household during the Promotion Period are permitted.

 

GENERAL CONDITIONS OF ENTRY: Sponsor is the official timekeeper for the Promotion. Tampering with the entry process or the operation of the Promotion is prohibited and any tampered with entries will be void. In the event a dispute regarding an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor shall not be responsible for incorrect or inaccurate entry information or by any technical or human error which may occur in the processing of the entries in the Promotion. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

 

PRIZES/ODDS: There will be five (5) potential winners, who will be selected randomly. Winners will each win 500 live legendary points. 500 point are valued at $50. Points are redeemable for prizes and gift cards.

 

GENERAL PRIZE CONDITIONS: No substitution of prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize will be awarded only if the potential prize winner fully complies with these Official Rules.  All portions of the prize is non-assignable and non-transferable. Any prizes pictured in advertising, and other Promotion materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 

 

ENTRANT'S GRANT OF RIGHTS:  As between each entrant and Sponsor, the entrant owns all rights in and to his or her submission.  However, Sponsor desires to have the entrant's permission and license to use the submission.  Accordingly, by entering a submission in connection with the Promotion, the entrant hereby (i) grants to Sponsor and its affiliates, and their respective successors and assigns, permission and a license to reproduce, modify, perform, display, distribute, and otherwise use the submission in any media, including, without limitation, on Sponsor's website(s) and social media pages and in promotion, advertising, and publicity for the Submission, Promotion or Sponsor; and (ii) agrees to sign all further documents respecting the submission requested by Sponsor, including any further permission or license, in order for Sponsor to use the submission as contemplated in these Official Rules.  For clarity, Sponsor has the right, but not the obligation, to use any submission.

 

FURTHER DOCUMENTATION AND PUBLICITY: Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected. As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use the winner’s name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.

 

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entry in the Promotion constitutes entrant’s permission for Sponsor to use entrant’s name, photographs, likeness, voices, biographical information, statements, and  address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants agree that Sponsor (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Promotion.  If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner(s) in a from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such Promotion shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representatives of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.  For the purposes of any disputes hereunder, by entering this Promotion, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Promotion shall be resolved individually, without resort to any form of class action and consents to the exclusive jurisdiction and venue of the appropriate state or federal court situated in ORANGE COUNTY, CALIFORNIA.

 

ARBITRATION: By participating in this Promotion, entrant agrees that any and all controversies, claims, counterclaims or other disputes entrant may have with, or claims entrant may have against Sponsor relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement.  However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Official Rules including, but not limited to, a claim that all or any part of these Official Rules is void or voidable.

 

If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

 

This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court.  In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules. 

 

Neither entrant nor Sponsor may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  Notwithstanding anything to the contrary herein, the arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (which may include public injunctive relief), as if the action were brought in court on an individual basis.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.   If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect.  No waiver of any provision of this Section of these Official Rules will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of these Official Rules. This Section of these Official Rules will survive the termination of your relationship with Sponsor.

WINNER ANNOUNCEMENT: Official contest winner will be announced on Auto Club Enterprises ClubHub at https://clubhub.aceclubnet.com by May 31, 2025.

 

WINNER’S LIST/OFFICIAL RULES:  To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to:  Automobile Club of Southern California, 3333 Fairview Dr., Costa Mesa, CA 92626, Attention:  Nicole Dulay, Manager, Digital Messaging Development.

Please specify "winners list" or "Official Rules" and the name of the Promotion in your request.