THE TAKE 5 OIL CHANGE 2024 CUSTOMER APPRECIATION SWEEPSTAKES – OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
Sweepstakes Period: The Take 5 Oil Change 2024 Customer Appreciation Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Eastern Time (“ET”) on November 18, 2024 and ends at 11:59 p.m. ET on December 31, 2024 (the “Sweepstakes Period”).
Eligibility: Open to legal residents of the 50 U.S. and D.C., who, as of date of entry, are at least 18 years of age and the age of majority in their respective states/jurisdictions of permanent residence. Employees, officers, and directors of Driven Brands Inc. d/b/a Take 5 Oil Change ("Sponsor" or “Take 5”), Don Jagoda Associates ("Administrator"), and any of their respective parents, affiliates, subsidiaries, franchisees, mandataries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether or not related) are not eligible to enter or win. Participation constitutes entrant's (defined below) full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winner. Void where prohibited by law.
How to Enter: There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning.
During the Sweepstakes Period, Take 5 will post a Sweepstakes call to action post (“Post”) on its Instagram page. To enter the Sweepstakes and receive one (1) entry into the Sweepstakes, during the Sweepstakes Period, entrant must (a) like the Post, (b) follow @take5oilchange on Instagram, and (c) post a comment to the Post (the “Entry”) and #sweepstakes and #[Take5sweepstakes], and tag two (2) friends on said Post . Limit one (1) Entry per person in this Sweepstakes. You must have a public Instagram account and, if you are selected as a potential winner, must be able to receive Direct Messages via Instagram.
Your Entry must be uploaded in accordance with the Instagram Terms of Use (http://instagram.com/about/legal/terms/). You may use only one (1) Instagram username to enter. Multiple entrants are not permitted to share the same Instagram account to submit an Entry. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. Limit one Entry per person/Instagram username. Any attempt by any entrant to obtain more than one Entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such Entries and that entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. If you enter using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), normal phone/data and usage charges imposed by your online/phone service may apply. You agree to incur any and all charges demanded by your online/phone carrier.
Entry Requirements: By entering this Sweepstakes, you agree to waive any rights you may have to the Entry submitted. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. All Entries must be the sole, original work of the entrants. Entries become the property of the Sponsor and will not be acknowledged or returned. Instagram is not affiliated with this in any way and is not responsible for the administration of the Sweepstakes or the awarding of the Grand Prize. No endorsement or approval of Sweepstakes by Instagram is expressed or implied. Any Entry not in compliance with these Official Rules will be disqualified.
Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer/device equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with your Instagram account will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
Random Drawing: One (1) potential Grand Prize winner will be selected at random on or about January 2, 2025 from among the eligible Entries received during the Sweepstakes Period. The odds of winning are dependent on the total number of eligible Entries received during the Sweepstakes Period. The random drawing will be conducted by Administrator, an independent judging organization whose decisions, along with Sponsor’s decisions, are final on all matters relating to the Sweepstakes.
Grand Prize and Approximate Retail Value (“ARV”): One (1) winner will win one (1) grand prize (the “Grand Prize”), which consists of the following (a) two (2) general admission tickets to a professional championship football game in New Orleans, Louisiana on February 9, 2025 (the “Game”), (b) two (2) tickets for round trip, economy air transportation from major gateway airport nearest winner’s primary home (as determined by Sponsor in its sole discretion) to the New Orleans International Airport, and (c) four-day/three-night hotel stay (standard hotel accommodations and double occupancy) in the New Orleans, Louisiana metro area. Grand Prize ARV is up to $26,450. Actual value of Grand Prize depends upon the city of departure, time of travel, any airfare fluctuations and/or current market conditions at time of Grand Prize fulfillment, and any difference between the stated ARV and the actual value if any, will not be awarded. All federal, state, and local income taxes for acceptance and use of the prize are the sole responsibility of winner and winner will receive a 1099 tax form for the actual value of the prize for the year the prize is awarded. Prize is nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award an alternate prize of equal or greater value if the advertised prize is unavailable. Prize components are in the Sponsor’s sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Airline carrier's regulations and conditions may apply. The Grand Prize winner and travel companion must travel at the same time on same itinerary as set by Sponsor/Administrator.
Grand Prize Restrictions/Requirements
If winner and his/her/their travel companion are unable to travel on the dates specified by Sponsor for any reason, including not being able to comply with any public or private travel restrictions, Grand Prize will be forfeited. Sponsor reserves the right to change dates for Grand Prize. Winner and travel companion of winner must execute and return a Release of Liability/publicity release prior to travel and he/she/they must be of legal age of majority in his/her/their jurisdiction of residence (and at least 18) unless a child or legal ward of winner; then such winner will be required to execute and return such documents on behalf of such child or legal ward. Grand Prize is subject to the professional football game scheduling, airline/flight times and hotel availability and other conditions and restrictions including public health restrictions. If winner lives within 100 miles of New Orleans, LA, the air transportation portion of Grand Prize will not be awarded and ground transportation will be substituted and no additional compensation or substitution will be provided. Airline/flight times to be selected by Sponsor at its sole discretion; one (1) or more stopovers may be required. Once the Grand Prize has been booked, no change, extension or substitution of Grand Prize dates is permitted except by Sponsor, in its sole discretion. Sponsor is not responsible for any fees or additional charges resulting from any changes to itinerary or accommodations made by the winner and/or his/her/their travel companion. Sponsor will not replace any lost or stolen tickets, travel vouchers or similar items once they are in the winner’s possession or in the possession of his/her/their travel companion. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or any acts or omissions whatsoever by the air carrier(s), hotel, or other transportation companies or any other persons providing any of these services and accommodations to passengers, including any results thereof, such as changes in services or accommodations necessitated by same. Grand Prize conditions may be added or modified by companies providing those portions of the Grand Prize. The Grand Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Prize Documents (as defined below) and/or prize travel documents. Winner and his/her/their travel companion are responsible for obtaining travel documents (i.e., REAL ID, passport or other TSA-approved ID; visit www.tsa.gov for a list of TSA-approved IDs) as well as travel insurance (and all other forms of insurance), that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for the prize. Winner and his/her/their travel companion must arrive at the designated gateway airport in time for the flight. Game tickets are subject to certain terms and conditions as specified therein. Each winner and his/her/their travel companion must comply with all venue, stadium, and event rules and regulations, including any public health restrictions. Failure to do so may result in forfeiture of such portion(s) of prize. Sponsor reserves the right to deny Grand Prize to a winner and/or any travel companion who does not comply with any health restrictions imposed by any government, Sponsor, or any venue, stadium or event, engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the game. Travelers must follow any applicable COVID protocols that may be in place at time of travel.
Winner Notification/Verification/Prize Redemption: The potential winner will be notified by direct message via Instagram from the Administrator (on Sponsor’s behalf) within one to two business days following the random drawing to take place on or about January 2, 2025. Potential winner will then be required to complete a Declaration of Eligibility, Release of Liability and a Publicity Release, and Assignment of Rights (where legal and as applicable) (“Prize Documents”) and return Prize Documents via email as instructed within three (3) days of attempted notification or prize may be forfeited and an alternate winner may be selected, time permitting. If a potential winner does not reply within three (3) days, an alternate winner may be selected and notified as set forth herein. Administrator will make up to three (3) attempts to award the prize to an alternate winner and if after three (3) attempts to contact alternates no winner is confirmed that prize will go unawarded. Noncompliance with this notification process may result in disqualification and an alternate eligible entrant may be selected. Sponsor and Administrator assume no responsibility for undeliverable prize notification for any reason. Return of any prize notification as undeliverable may result in disqualification and alternate winner may be selected (as outlined above). Potential winner is subject to verification by Sponsor and/or Administrator, and verification of potential winner is final and binding in all matters related to the Sweepstakes.
General Rules: By participating in this Sweepstakes, entrants/winner agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator. All applicable laws and regulations apply. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them. Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Release: Entrants and winner hereby hold the Sponsor, Administrator, Instagram and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) harmless from and against any arising out of participation in the Sweepstakes, or receipt or use of prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received Entries; (e) errors in the administration of the Sweepstakes or the processing of Entries; (f) injury (including death) or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of prize; or travel to any Sweepstakes-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.
Publicity Rights: Participating in the Sweepstakes constitutes permission to the Sponsor to use an entrant’s/winner’s name, address, and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law, and each entrant and winner agree that the Sponsor shall have the right, but not the obligation, to edit, remove, modify, publish, license, print, transmit, display or otherwise use any submitted Entry via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation to entrant, his/her successors or assigns, or any other entity, except where prohibited by law. Entrant waives any retained rights of attribution, privacy, publicity, withdrawal, integrity or other moral or personal rights in the Entry and other related materials. If Sponsor requests the entrant’s cooperation in promoting the Sweepstakes, the entrant agrees to reasonably be available for such promotional activities.
Disputes: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE GRAND PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN NORTH CAROLINA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the state of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of North Carolina.
Privacy: Any personally identifiable information collected during your participation in this Sweepstakes will be used by Sponsor and its agents for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and in accordance with Sponsor's Privacy Policy, posted at https://www.drivenbrands.com/privacy-center/ and as allowed by law.
Winner List: For the winner’s name, available for ninety (90) days after February 7,2025, send an email to: Winners@dja.com with “Take 5 Oil Change 2024 Customer Appreciation Sweepstakes Winner (01-2960-01)” as the subject line. Winner list (First name, last initial of last name) will be sent after the Grand Prize has been awarded.
Sponsor/Administrator: The Sponsor of the Sweepstakes is Driven Brands Inc. d/b/a Take 5 Oil Change, 440 S. Church Street Ste. 700, Charlotte, NC 28202. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.