Unlimited Wash Club® Testimonial Contest Terms & Conditions

Unlimited Wash Club® Testimonial Contest Terms & Conditions

Version 1

Car Wash Partners, LLC dba Mister Car Wash® (“Sponsor”) will accept Entries (defined below) for the Unlimited Wash Club® Testimonial Contest (the “Contest”) subject to and in accordance with and as set forth generally in these Contest Terms and Conditions (“Terms”) and the entry rules (“Rules”) set forth at https://mistercarwash.com/member-testimonial-terms/ (the “Website”). By participating in the Contest in any way, including, but not limited to, submitting an Entry (defined below) each Entrant (defined below) agrees to abide and be bound by the Rules and these Terms.

No Purchase Is Necessary to Enter or Win:

Although no new purchase is necessary to enter or win, Entrants must be at the time of submitting an Entry and at the time of being selected as a Winner (defined below), an Unlimited Wash Club® (“UWC”) member. Being a UWC member requires the prior or new purchase (on a potentially recurring basis) a UWC membership. Notwithstanding the foregoing, for residents of Arizona, persons may enter the Contest without making a purchase, past or present, by mailing to Sponsor, at its address in these Terms, Attn: Marketing, an essay of at least 300 words of why the UWC membership is a good value compared to retail washes.

Eligibility:

The Contest is only open to is open to persons who are, at the time of Entry: (i) age 18 or older, (ii) legal residents of Arizona, Florida, or Texas, United States of America (“Geographic Area”), and (iii) physically located at the time of submitting and Entry within Geographic Area (each, an “Entrant” and collectively, “Entrants”). Void where prohibited. All applicable federal, state, and local laws and regulations apply. Employees of Sponsor are not eligible to enter or win the Contest or any similar contest held by Sponsor or any of Sponsor’s affiliates or receive any Prize (as defined below). Entrants may only win one (1) Prize in the Contest. Entrants that have won a Prize in any similar contest held by Sponsor or any of Sponsor’s affiliates operating under the trade name Mister Car Wash® are not eligible to win a Prize in this Contest. Any Entry submitted by an Entrant that does not meet the Eligibility requirements is void and ineligible to win.

Entry Period:

Entries can be submitted after 12:00 a.m. (MST) on April 1, 2023 and must be submitted no later than 11:59 p.m. (MST) on April 6th, 2023 for residents of Texas and Florida and 11:59 p.m. (MST) on April 13th, 2022 for residents of Arizona (collectively, or individually, the “Entry Period”) to be considered and eligible to win. Any Entry submitted or received outside of the Entry Period is void and ineligible to win.

How to Enter:

During the Entry Period, Entrant may visit the Website and complete the entry form located thereon (each, an “Entry” and collectively, “Entries”). Entries can only be submitted via the entry form located on the Website and must be submitted in accordance with the Rules. There is no limit to how many times a person can submit an Entry during the Entry Period. Any Entry generated by script, macro, or other automated means or that fails to follow the Rules or these Terms will be void. Notwithstanding the foregoing, for residents of Arizona, persons may enter the Contest without making a purchase, past or present, by mailing to Sponsor, at its address in these Terms, Attn: Marketing, an essay of at least 300 words of why the UWC membership is a good value compared to retail washes

By submitting an Entry, Entrant agrees that Entry conforms to the Rules and these Terms and that Sponsor, in its sole discretion, may disqualify Entrant and/or Entry for any reason, including, but not limited to, that Entry fails to conform to the Rules and these Terms in any way or otherwise contains unacceptable content, as determined by Sponsor in its sole discretion.

Prizes:

Selected Winners will receive a prize as specified below:

• Ten (10) Winners that are residents of Arizona will receive a one-year Titanium 360 Exterior Unlimited Wash Club® membership (the retail cash value of this prize is estimated at and limited to the cash value of $359.88).
• Ten (10) Winners that are residents of Florida will receive a one-year Platinum Exterior Unlimited Wash Club® membership (the retail cash value of this prize is estimated at and limited to the cash value of $383.28).
• Ten (10) Winners that are residents of Texas will receive a one-year Platinum Exterior Unlimited Wash Club® membership (the retail cash value of this prize is estimated at and limited to the cash value of $395.88).

Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the advertised Prize becomes unavailable, is difficult to obtain, or is unreasonably expensive in Sponsor’s sole discretion. To claim a Prize, Winners must complete a full video testimonial filming session for approximately a 2-hour period to Sponsor’s reasonable satisfaction at a location designated by Sponsor.

Entry Requirements & Restrictions:

Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

• Is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane, pornographic, or contains nudity;
• Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, any particular political agenda or message;
• Is obscene or offensive, endorses any form of hate or hate group, or appears to duplicate another Entry;
• Defames, misrepresents, or contains disparaging remarks about other people or companies;
• Contains any personal identification, such as license plate numbers, e-mail address, or street addresses;
• Contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures including look-alikes, living or dead, without permission;
• Violates any law.

Any failure to comply with these Terms (whether technically or the spirit thereof) may result in disqualification of an Entry.

Selection of Winners:

Each Entry received by Sponsor during the Entry Period and complies with the Rules and Terms will be considered by the Contest’s judge(s) (the “Judges”) chosen by Sponsor in its discretion, and may include, and may even consist solely of, employees of Sponsor. There will be at least 2 Judges.

The Judges will select ten (10) winning Entries (“Winning Entries”), in their sole discretion, that the Judges determine best meet the below criteria:

·       Current Status as a UWC member; ·       Length of time as a UWC member; ·       Completeness of answers; ·       Succinctness of responses; ·       Responses perceived passion for UWC;

·       Available to film on the designated day, time, and place and to stay for the length of shooting (2 hours per in-person); ·       Perceived excitement in responses; and ·       Believability of responses.

The decision of the Judges is final and non-appealable. If there is a tie among Entries, the tie will be determined by the Entry that was received by the Company first in time. The Entrants that submitted the Winning Entries will be the winners of the Contest (“Winners”). The Judges will select the Winning Entries by 11:59 p.m. (MST) on April 7th, 2023 for residents of Texas and Florida and 11:59 p.m. (MST) on April 14th, 2023 for residents of Arizona (the “Selection Date”).

Winners Notification:

Within seven (7) days following Selection Date, each Winner will be notified by email or telephone call, or both, at email or phone number submitted with the applicable Entry. Entrants hereby grant Sponsor or any of its affiliates, agents, or contractors to contact Entrants regarding the Contest. Entrants are solely responsible for informing Sponsor of any changes of Entrant’s contact information and Sponsor is not responsible for any failure of Winner to receive notification of winning. If a Winner does not confirm receipt of Sponsor’s notification within one (1) day of being contacted, Sponsor may select a new Entry as a winner and the original Winner shall not be entitled to a prize.

License & Use of Entry:

By submitting an Entry, Entrant hereby grants permission for an Entry to be used, reproduced, or posted on any of Sponsor’s websites or social media accounts, other websites, or social media sites, and other uses as set forth herein. Entrant agrees that Released Parties (defined below) are not responsible for any unauthorized use of Entry by third parties. Released Parties do not guarantee the posting of any Entry and reserve the right to take down any Entry at any time.

By submitting an Entry, each entrant agrees Sponsor shall have a non-exclusive, perpetual, irrevocable, royalty-free, full paid-up license to the Entry submitted (including all rights embodied therein) and that Sponsor, and their respective designees may use, implement, exploit, edit, modify, and develop creative derivatives of and distribute the Entry and all elements of such Entry, including, without limitation, the ideas, thought processes, and suggestions and the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, including for advertising and marketing their products and services, worldwide, without compensation or notification to, or permission from, Entrant or any third party.

Endorsement/Testimonial and Model Release:

Entrant, by submitting an Entry or otherwise participating in the Contest consents to making a TESTIMONIAL/ENDORSEMENT STATEMENT about Sponsor on the date specified in Entrant’s Entry. Entrant gives permission to Sponsor located at 222 E. 5th Street, Tucson, AZ 85705, its parent, subsidiaries, affiliates, licensees, successors, and assigns, and those acting under their authority (collectively, “Company”) to use, and to authorize others to use, my statement written that Entrant provides as part of or related to this Contest and my name in connection with that statement (collectively, the “Testimonial”), forever from the date of Entrant submitted an Entry throughout the world. Company may use, copy, exhibit, publish, and distribute the Testimonial, in whole or in part, in print (including packaging), television, radio, film, digital media (including internet, social media, websites, and apps), and in all other media now known or hereafter existing for advertising, marketing, publicity, and promotion of Mister Car Wash and its products/services/brands/Unlimited Wash Club and all other commercial business purposes. Company may modify the Testimonial so long as the original content is not significantly altered or misrepresented. Entrant understands and acknowledges that Company (a) will be under no obligation to actually use the Testimonial and (b) has the right to use the Testimonial either with or without my name. Entrant waives the right to inspect or approve any use by Company of the Testimonial. Entrant certifies that: (a) the Testimonial will be true and accurate and reflect my personal experiences and honest beliefs; and (b) Entrant will make the Testimonial of my own free will. Entrant acknowledges that the Prize or its equivalent value is good consideration for this Release, and no additional compensation is due to me, and that other than the value of the Prize Entrant will receive no additional compensation from Company. Entrant will hold harmless and release Company, its officers, directors, agents, and employees from all claims, demands, and liabilities of any kind arising out of or in connection with Company’s use of the Testimonial, including without limitation, claims based upon invasion of privacy, defamation, or right of publicity. Entrant will not make any claim against Company for its use of the Testimonial. Entrant will indemnify and hold harmless Company against all losses, damages, liabilities, claims, actions, judgments, settlements, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees and the costs of enforcing any right to indemnification under this Agreement, incurred by Company, arising out of or resulting from any claim of a third party related to the Testimonial. These Terms and the Rules contain the entire agreement of Company and me with respect to the Testimonial and supersedes all prior and contemporaneous written and oral understandings, agreements, representations, and warranties with respect to the Testimonial.

Entrant, by submitting an Entry or otherwise participating in the Contest, grants Company the right to photograph, record, copyright, use, publish or broadcast one or more portraits, pictures, photographs, or video or audio recordings of me, or in which Entrant may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, or reproductions or derivatives of the same, in any form and made through any and all media formats. Entrant releases any right that Entrant may have to examine or approve the completed positive, negative, film, video or audio product or materials of any kind. Entrant hereby releases, discharges, and agrees to save harmless the Company from any liability resulting from the use granted hereby or by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. It is agreed that the use of Entrant’s photographic or video image or audio recording shall be used for any Company business, including but not limited to documentary, educational, training, marketing, or promotion. The use or release of the images will be made either to the public or within the Company, or both, including, without limitation, commercial or noncommercial publications. Entrant agrees that all negatives, positives, plates, photographs, film footage, video and audiotapes, and any digital media of any kind relating to the images are and shall remain the property of the Company.

Privacy:

Each Entry will require Entrant to provide personal information. Use of personal information shall be subject to the privacy policy of Sponsor (the “Privacy Notice”), which is available at https://mistercarwash.com/privacy-policy/. Any information Entrant provides as part of the Contest will be treated in accordance with the Privacy Notice as if Entrant was a customer. Notwithstanding the Privacy Notice, except where prohibited, participation in the Contest constitutes Entrant’s consent to Sponsor’s use of Entrant’s name and/or likeness, ideas, processes, or inventions for programming, advertising, publicity, business purposes, and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its affiliates or designees, without compensation (unless prohibited by law) or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, Entrant also agrees not to release any publicity or other materials on their own or through a third party regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in Sponsor’s sole discretion.

Limitation of Liability:

LIMITATION OF LIABILITY: By entering this Contest, Entrants waive all right to, and hold the Sponsor and its respective affiliates, subsidiaries, parent entities, and advertising and promotion agencies, and their respective officers, directors, shareholders, employees, and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this Contest or the acceptance, use, or misuse of any Prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Released Parties will not be responsible for: late, incomplete, or incorrect Entries; an Entrant’s failure to receive prize notices due to Entrant’s spam, junk e-mail, or other security settings or for Entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the Entries in this Contest; or any typographical, technological, or other error in the publishing of the offer, administration of the Contest, or announcement of the Prize[s]. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Contest, or if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, Sponsor reserves the right to, in its sole discretion, cancel or modify this Contest in a manner deemed appropriate by the Sponsor. In the event of termination, Winners will be selected from among all eligible Entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning Entrant, Entries will be declared made by the name on the online Entry form. Released Parties are not responsible for: any incorrect or inaccurate Entry information, including any injury or damage to Entrant’s or any other person’s computer or other property relating to or resulting from participation or any attempt to participate in this Contest; inability to access the Entry form or the online form; theft, tampering, destruction, lost, or unauthorized access to, or alteration of an Entry; any Entry that is processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Entry which is late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. Each Entry becomes the property of Sponsor and will not be returned. By participating in the Contest, Entrant agrees to release, discharge, indemnify, and hold harmless Sponsor and Released Parties from and against all claims and damages or liability arising in connection with Entrant’s participation in the Contest and/or the receipt or use of any prize awarded in the Contest or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in Contest-related activity or participation in this Contest.

Choice of Law and Forum

Entrant agrees that all matters arising out of or relating to this Contest and these Terms or the Rules are governed by, and construed in accordance with, the laws of Arizona, without giving effect to any of its conflict of laws provisions thereof, unless prohibited by applicable law. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Contest and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Tucson, Arizona, unless prohibited by applicable law.

Miscellaneous:

Persons who tamper with or abuse any aspect of the Contest, who act in an unsportsmanlike or disruptive manner, or who are in violation of these Terms, as solely determined by Sponsor, will be disqualified and any associated Entry will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, proper play, or submission of Entry. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Contest and, if terminated, at its discretion, select the Winners from any eligible, non-suspect Entries received prior to action taken using the winner selection procedure outlined above.

NOTICE: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Sponsor:

Car Wash Partners, Inc. dba. Mister Car Wash®, 222 E 5^th Street, Tucson, AZ 85705