Win with KYB Service Provider Sweepstakes Rules

NO PURCHASE NECESSARY.

  1. Eligibility – Restricted to Qualified Business Customers

The KYB Win With KYB Sweepstakes (the “Sweepstakes”) is open only to Professional Service Provider commercial customers that (i) are located in the fifty (50) United States (including District of Columbia) or Canada, and (ii) are independent repair facilities, professional auto service facilities or independent collision centers (each a “Qualified Business Customer”). NO ONE MAY ENTER IN HIS/HER INDIVIDUAL CAPACITY. Retail customers are not eligible to enter the Sweepstakes. One (1) authorized agent or business owner may register and submit entries on behalf of the Qualified Business Customer, however, the entries will be deemed to be entries of the Qualified Business Customer, not the employee, and prizes will be awarded to the Qualified Business Customer. To be eligible to submit entries on behalf of a Qualified Business Customer, Authorized Individual must have obtained permission from the Qualified Business Customer to participate in this Sweepstakes. Authorized Individual hereby represents that he/she is authorized to enter the Sweepstakes on behalf of the Qualified Business Customer. KYB Americas Corp. reserves the right to disqualify a Qualified Business Customer if an individual has improperly entered the Sweepstakes on such Qualified Business Customer’s behalf. Participation constitutes Qualified Business Customer’s full and unconditional acceptance of these Official Rules and each Qualified Business Customer agrees to be bound by them. Winning a prize is contingent upon fulfilling all requirements set forth herein.

  1. Sponsors and Administrator

Sponsor: KYB Americas Corp., 850 N. Graham Rd. Suite C Greenwood, IN 46143,

Administrator: Barolin & Spencer 1015 Main St, Voorhees Township, NJ 08043

  1. Timing

The Sweepstakes begins on August 1, 2017 at 12:00 a.m. Eastern Time (“ET”) and ends on October 31, 2017 at 11:59 p.m. ET (the “Sweepstakes Period”).

Administrator’s computer is the official time keeping device for this Sweepstakes.

  1. How to Enter
  • Registration. To participate in the Sweepstakes, Qualified Business Customers must, during the Sweepstakes Period, register online at www.winwithkyb.com. Upon submission of complete registration information, Qualified Business Customer will receive one (1) entry into the Sweepstakes.
  • Purchase a Shock or Strut. The Qualified Business Customer will receive one (1) additional entry into the Sweepstakes for each unit purchase of a qualifying KYB shock or strut made during the Sweepstakes Period. The Qualified Business Customer must first register as stated in section (a) above to receive such entries.

Any attempt by any participant to obtain more than the allowed number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

Sponsors are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. All entries become the sole and exclusive property of Sponsors and will not be returned.

  1. Winner Selection

On or about November 24, 2017, Administrator or an independent judging agency will select one (1) entry for each prize described below in Section 8 in a random drawing of all valid entries received. The Qualified Business Customer will be contacted using the information on file and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Sponsor’s and Administrator’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. Winners will be notified by phone or email on or about October 31, 2016. Failure to respond to the initial verification contact within five (5) business days of date of notification will result in disqualification. Only One Grand Prize, Secondary Grand Prize, First Prize or Second Prize per Qualified Business Customer. If a winner is a Canadian resident he or she will be required to correctly answer a mathematical skill-testing question in order to be eligible for a prize.

  1. ALL POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
  2. Verification of Potential Winners

Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email, telephone, or registered mail after the date of random drawing. The potential winners will be required to sign and return to Administrator, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsors may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

  1. Prizes
  • Grand Prize: One (1) Grand Prize Winner will receive the KYB Max Truck. Approximate Retail Value (“ARV”) of the grand prize is US $50,000.
  • First Prize: Five (5) First Prize Winners will each receive a set of KYB Shocks or Struts for a vehicle of their choosing. (“ARV”) of the First prize is US $500.
  • Second Prize: Two Hundred Fifty (250) Second Prize Winners will each receive a limited edition KYB Max Truck Performance Hat (“ARV”) of the third prize is US $20 Specifics for Grand Prizes: Grand Prize will be shipped to the winning Qualified Business Customer’s business address. The Grand Prize winners will be solely responsible for taking possession of the vehicle and paying for any transportation required to claim and retrieve the vehicle. The KYB Max Truck will be awarded approximately 60 days after the grand prize winner has been verified. Sponsors will determine all features of automobile including but not limited to color of exterior and interior. Winners must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winners are responsible for taxes, title, license, registration, dealer preparation costs, auto insurance and other fees associated with claiming the prize.

For All Prizes: Cash equivalent available for Grand prize, prizes are non-transferable and no substitution will be made except as provided herein at the Administrator’s sole discretion. Sponsors reserve the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all liability, taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period.

  1. Entry Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator and/or the Sweepstakes judges, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsors and the Administrator and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors and the Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.

  1. Publicity

Except where prohibited, participation in the Sweepstakes constitutes winners’ consent to Sponsors’ and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for Sweepstakes purposes in any media, worldwide, without further payment or consideration.

  1. General Conditions

Sponsors and Administrator reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors and/or Administrator in their sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  1. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 Sweepstakes or receipt or use or misuse 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 Sweepstakes entry, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsors, at their discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or

claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

  1. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) 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 (iv) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. For residents of Quebec, any dispute concerning the conduct or administration of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any dispute concerning the awarding of a prize, may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

  1. Entrant’s Personal Information

Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at www.winwithkyb.com

  1. Sweepstakes Results

For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Winners List KYB Americas Corp. 850 N. Graham Rd. Greenwood, IN 46143