a. PROMOTION DESCRIPTION: The “Fuel your Lifestyle” promotion (the “Promotion”) is promoted by RUBiS Energy Bermuda Ltd who shall be known as (the “Promoter”).
b. AFFILIATES: The following RUBiS Service Stations shall be referred to as affiliates for this Promotion:
i. RUBiS at The Waterfront;
ii. RUBiS Boaz Island Service Station;
iii. RUBiS Causeway Service Station;
iv. RUBiS Dowling’s Auto & Marine;
v. RUBiS East Broadway Service Station;
vi. RUBiS Paget Service Station;
vii. RUBiS Raynor’s Southampton Service Station;
viii. RUBiS Robinson’s Marine
ix. RUBiS St. John’s Road Service Station;
x. RUBiS Terceira’s North Shore Service Station;
xi. RUBiS Van Buren’s Marine; and
xii. RUBiS Warwick South Shore Service Station
(together, the “Affiliates” and each an “Affiliate)
c. EXCLUDED PARTIES: The Promoter’s marketing partner, Total Marketing & Communications Ltd., and the Promoter’s subsidiary, Bermuda Gas & Utility Co. Ltd., shall be referred to as the “Excluded Parties”.
d. PROMOTION PERIOD: The term of the Promotion is the period beginning at 12:01:00 AM (Atlantic Standard Time) on Thursday, 18 July 2019 and ending at 11:59:59 PM (Atlantic Standard Time) on Wednesday, 09 October 2019 (the “Promotion Period”).
e. ELIGIBILITY: The Promotion is open only to persons residing in Bermuda who are at least 16 years of age, and are Registered RUBiS Rewards members, hereinafter referred to as “Eligible Customers” (and each an “Eligible Customer”). Registered RUBiS Rewards members are classified as those Rewards Members who have their Rewards Tag identified with their name. Notwithstanding the foregoing, any person concerned with the management of, or employed by, the Promoter, Affiliates, and the Excluded Parties, and any member of the household of any such person shall not be entitled to participate in the Promotion or claim any prize hereunder and is not an Eligible Customer for the purposes of these Official Rules.
f. FUELS: The term “Fuels” refers to any of Gasoline, Diesel, 2-Stroke Mix, and Kerosene dispensed from a Service Station dispenser at an Affiliate.
g. HOW TO ENTER THE PROMOTION: During the Promotion Period, any purchase of, or multiple purchases of Fuels that combine to equal the amount of no less than $45.00 (after all applicable discounts and rebates) in a single, or multiple transaction(s) at any Affiliate, in which a RUBiS Rewards key tag (“Tags” and each a “Tag”) was swiped to gain credit for those transactions (hereinafter referred to as a “Qualifying Purchase”), shall entitle the Eligible Customer making such purchases to be automatically entered into the draws in accordance with and subject to the terms and conditions contained herein. The Eligible Customer will not be required to fill out any Entry Card as they are registered. By purchasing the required transaction amount and swiping their Tag for transaction credit at any RUBiS Rewards pump audio touchpoint or printer machine (“Devices” and each a “Device”), inside or outside any Affiliate, an Eligible Customer will be deemed to have agreed to the terms and conditions of the Promotion contained in these Official Rules and as otherwise prescribed by the Promoter.
h. DAILY PRIZES: Each day during the Promotion Period, there are 4 prizes available to be won, as outlined in the numbered list below (the “Daily Prizes”). The Daily Prizes available shall consist of one (1) each of the following Options:
i. $5 Instant Fuel Reward Coupon or $100 Fuel Gift Card;
ii. $5 Instant Fuel Reward Coupon or $100 Grocery Gift Card
iii. $5 Instant Fuel Reward Coupon or $100 Electricity Voucher, and;
iv. $5 Instant Fuel Reward Coupon or $100 Bermuda Gas Gift Voucher.
DAILY PRIZE WINNER SELECTION: The Promotion’s electronic random drawing will take place every day during the Promotion Period. Entry Cards that have been randomly selected in Daily Prize draws will not be placed back in the pool of entries for future Daily Draws, however they will remain eligible for selection for the Grand Prize. Each randomly selected Entry Card drawn will be reviewed to determine eligibility in accordance with these Official Rules, and if deemed eligible the Eligible Customer whose name has been entered thereon will be designated as a “Potential Winner”.
The Potential Winner of a Daily Prize will be given the choice via the Option Coupon to determine his/her level of winning. The Potential Winner will first get to choose either:
i. To use the issued Option Coupon immediately for an instant $5 Instant Fuel Reward; or
ii. Save the Option Coupon and contact the Promoter via the listed contact details to confirm their agreement with the General Clause below, as it constitutes advertising and/or publicity, and choose the larger Daily prize on offer. If the Potential Winner chooses this Option, they are free to select any of the 4 available Daily Prizes, subject to availability.
The Potential Winner should note the Option Coupon expiration date listed on the Option coupon and should exercise their diligence that they make their decision, and act upon said decision on or before the expiration date (“Prize Expiry”).
j. DAILY WINNER NOTIFICATION: To be declared a winner, a Potential Winner will be notified directly by a Device. The Promoter shall have no liability if the Winner’s Message is lost, intercepted or not received by the potential Winner for any reason. If, the Potential Winner, does not execute either Option on or before Prize Expiry, the Potential Winner will forfeit his/her prize and an alternate Potential Winner may be selected. If a Potential Winner is found to be ineligible for any reason, he/she will be disqualified, and an alternate Potential Winner will be selected. The Potential Winner must complete and sign, a publicity release (the “Release”) to be declared a “Prize Winner” or a “Grand Prize Winner” (together a “Winner” or “Winners”). If the Release is not completed and signed, then the Potential Winner will be disqualified, and an alternate Potential Winner may be declared the Winner at Promoter’s sole discretion.
k. DAILY PRIZE FORMAT/ODDS OF WINNING: The Daily Prizes shall be awarded in the form of Rewards Coupon/Gift Card/Voucher for the periods listed, from the Affiliate. The Daily Prizes must be accepted as awarded without substitution, not for resale and have no cash surrender value. The odds of winning any of the Daily Prizes are solely dependent upon the total number of entries received.
l. GRAND PRIZE/ODDS OF WINNING: After the Promotion Period has concluded, the Promoter will hold a draw for five (5) Grand Prizes (defined below) (the “Grand Prize Draw”). There will be 5 different Grand Prizes, they are as follows:
- Weekend Staycation for 2 at Fairmont Southampton;
- $2,000 Dine-Around Experience with the Little Venice Group of Restaurants;
- $3,000 Shopping Spree at Gorham’s;
- $4,000 in Free Fuel; &
- $5,000 in Free Fuel.
The Grand Prizes must be accepted as awarded without substitution and is not transferable, not for resale and has no cash surrender value. The odds of winning a Grand Prize is solely dependent upon the total number of entries receive
n. GENERAL: Acceptance of any prize constitutes the Winner’s permission for the Promoter to use the Winner’s name, photograph, likeness, voice, statements and address (parish only) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law. By entering the Promotion, Eligible Customers agree to abide and be bound by these Official Rules and the decisions of the Promoter with respect to all aspects of the Promotion, which are final and binding in all respects relating to this Promotion. By entering the Promotion, Eligible Customers agree that the Promoter and the Affiliates:
- shall not be responsible or liable for, and are hereby released and held harmless 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 (including, without limitation, travel), or from any Eligible Customer’s acceptance, receipt, possession and/or use or misuse of any prize; and
- 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 purpose. The Promoter reserves the right in its sole discretion to disqualify from the Promotion any Eligible Customer who is found to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, or to be acting in a 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 the Promoter reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, or incomplete entries will be accepted. The Promoter assumes no responsibility for any damage to the RUBiS Rewards program which is occasioned by accessing the RUBiS Rewards system or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Promoter is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Promoter reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion that the administration, security, proper play and/or feasibility have been severely undermined or to any degree impaired the integrity of the Promotion. If the Promoter is prevented from awarding the Prize(s) or continuing with the Promotion as contemplated herein by any event beyond its control, the Promoter shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated or suspended before the end of the Promotion Period, notice thereof will be posted on the Promoter’s website, www.rubis-bermuda.com (the “Website”), and any other forms of media communications as the Promoter may in its sole discretion determine, and the Promoter will (if possible) select Winner(s) from all Eligible Customers having provided valid Entry Cards as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Eligible Customer’s sole and exclusive remedy under such circumstances. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, the other provisions of 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. The Promoter reserves the right to correct clerical or typographical errors in promotional materials or these Official Rules.
o. DELAY OF ENTRY: The Promoter is not responsible for lost, incomplete, illegible, late, misdirected entries; or for errors or problems of any kind, whether typographical, printing, human or otherwise, relating to or in connection with this Promotion, including without limitation, errors or problems which may occur in connection with the administration of this Promotion, the processing of entries, the announcement of the Prizes or in these Official Rules, in any related advertisements or other materials; or for inaccurate entry information, whether caused by equipment, programming used in this Promotion, human processing error, or otherwise. The Promoter reserves the right, in its sole discretion, to void any, and all entries of an Eligible Customer (and disqualify him/her) who the management of the Promoter believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Promotion.
p. JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or the Promoter relating to the Promotion shall be governed by and construed in accordance with the Laws of Bermuda without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other law.
q. PRIVACY POLICY: The Promoter is committed to providing its customers with the highest quality products together with outstanding service and respects their rights to privacy. The Promoter pledges that the information gathered relating to the Promotion will not be released to any list service or manufacturer, and that such information will be held in the strictest of confidence, even within the company. Personal information collected from entrants will only be used by the Promoter to administer the Promotion and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Promoter, or by a third party, such as a co-promoter or a vendor involved in, or providing services relating to a promotion. By entering the Promotion, all entrants consent to the manner of collection, use and disclosure of personal information as set out herein. No correspondence will be entered with any customer of an Affiliate because of his or her participation in the Promotion except Winners and Potential Winners.r. WINNER(S)’ LIST: Following the conclusion of each draw, the Winner(s)’ names will be available online on the Website.
s. PROMOTER: RUBiS Energy Bermuda Ltd., 2 Ferry Road, St. George’s, Bermuda GE 01 Permit B13/19