Agero Summer Hustle ’23

AGERO SUMMER HUSTLE 2023

SERVICE PROVIDER PERFORMANCE CONTEST

Official Rules

1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. The Agero Summer Hustle Service Provider Performance Contests described herein (collectively, the “Contest”) begin at 12:00 a.m. Eastern Time (“ET”) on Sunday, July 2, 2023 (the “Commencement Date”) and ends at 11:59 p.m. ET on Saturday, September 9, 2023 (“Contest Period”). The Sponsor of this Contest is Agero Customer Services, Inc., 400 River’s Edge Drive, Medford, MA 02155. 
   
   
2. ELIGIBILITY: The Contest is open to Agero tow and roadside assistance service providers that, as of the Commencement Date, (i)  is under contract with Agero for the provision of towing and/or roadside assistance services for all in-network tow and roadside assistance jobs made available by Agero; (ii) is located and operates in the fifty (50) United States and the District of Columbia, and (iii) is in good standing with Agero as a provider of Agero in-network tow and/or roadside assistance jobs (herein each a “Service Provider”). The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.  Winning a prize is contingent upon fulfilling all requirements set forth herein. 
   
   
3. CONTEST OVERVIEW: The Contest is comprised of ten separate independent weekly contests (“Weekly Contests”) during the Contest Period. Service Providers are grouped by “Network Region”, either the “East Region” or the “West Region”, based on Service Provider’s primary location and by Service Provider’s primary type of service (specifically, tow referred to as “SP-Tow”,  or roadside assistance referred to as “SP-Roadside”). During each Weekly Contest three SP-Tow winners and three SP-Roadside winners from the East Region and three SP-Tow winners and three SP-Roadside winners from the West Region will be selected based on the judging criteria established for the applicable Weekly Contest, as described below. 
   
   
4. HOW TO ENTER: A Service Provider must provide towing and/or roadside assistance services on behalf of Agero during the applicable Entry Period (set forth below) in order to be entered into the applicable Contest for its Network Region. 
   
   
5. TIMING: As noted above, the Contest Period begins on July 2, 2023 at 12:00 a.m. ET and ends on September 9, 2023 at 11:59 p.m. ET and includes the following ten (10) independent Weekly Contest entry periods (each a “Weekly Contest Entry Period”, and collectively, the “Entry Periods”) as set forth in the chart below. Winners for each of the contests will be determined and announced on or about the dates identified below. Sponsor’s servers are the official time-keeping device for the Contest.

6. JUDGING CRITERIA: The data used for purposes of the judging criteria described comes from the metrics attributed to each tow and roadside assistance event based on Service Provider’s performance as determined by and reported in Sponsor’s proprietary digital dispatch and event tracking application (the “Swoop Platform”). A Service Provider may view its own performance through the Swoop Platform.
   
   For purposes of the judging criteria, the following metrics apply:
   
   “Call Acceptance Percentage” is a percentage, determined during each applicable Entry Period by dividing the total number of dispatch requests accepted and not canceled by a Service Provider by the total number of offers presented to such Service Provider.

“Completion Rate” is determined during each applicable Entry Period as the percentage of the total number of jobs completed by a Service Provider out of the total number of jobs accepted by the Service Provider. “Minimum Performance Requirements” means with respect to each Entry Period, a Service Provider must demonstrate the following minimum performance requirements to be eligible to win the applicable Contest (a) Call Acceptance Percentage of at least 55%; (b) performed a minimum total of ten (10) service events (any combination of tow and/or roadside) per month during the applicable Entry Period; and (c) a Net Promoter Score of at least 50.

“Net Promoter Score” is determined after the service event is complete based on the results of the customer satisfaction survey provided by Agero to the consumer immediately following the completion of the service event. 

All judging will be in the Sponsor’s sole and absolute discretion based on the criteria outlined below and the Sponsor’s decisions are final and binding on all matters relating to the Contest. Only those Service Providers that have met the Minimum Performance Requirements (“Eligible SP”) for the applicable Entry Period will be eligible to win the applicable Contest. 

An Eligible SP may win only once during the entire Contest Period.

WEEKLY CONTESTS:

The judging criteria for the Weekly Contests during weeks 1, 3, 5, 7, and 9 identified in the table above is based on the Completion Rate for Service Providers during the applicable Weekly Entry Period. Each Network Region is judged separately, and three SP-Tow winners and three SP-Roadside winners will be selected from the Eligible SPs in each Network Region based on the highest Completion Rates  during the applicable Weekly Entry Period.

The judging criteria for the Weekly Contests during weeks 2, 4, 6, 8 and 10 identified in the table above is based on the Net Promoter Score for Service Providers during the applicable Entry Period. Each Network Region is judged separately, and three (3) SP-Tow winners and three (3) SP-Roadside  winners will be selected from the Eligible SPs in each Network Region based on the highest Net Promoter Scores during the applicable Entry Period.

In the event of a tie between two or more Eligible SPs during any Entry Period, the judging criteria used to determine a single winner will be based on Call Acceptance Percentage,  such that, in the event of a tie, the Eligible SP with the highest Call Acceptance Percentage during the applicable Entry Period will be determined the winner. 

7. PRIZES: Each winner of a Weekly Contest during weeks 2, 3, 4, 5, 6, 7, 8, and 9 will receive (i) two (2) $100 Visa® Prepaid cards, and (ii) an Agero “swag bag” consisting of an assortment of Agero-branded merchandise selected by the Sponsor in its sole discretion [total Prize Actual Retail Value (ARV): $275]. Each winner of a Weekly Contest during weeks 1 and 10 will receive (i) four (4) $100 Visa® Prepaid cards, and (ii) an Agero “swag bag” consisting of an assortment of Agero-branded merchandise selected by the Sponsor in its sole discretion [total Prize Actual Retail Value (ARV): $475].  
   
   Visa® Prepaid Card Details: Your payment will be delivered via email with instructions for claiming your Visa® prepaid Card (the “Card”). You must claim your card within 4 months from the date these instructions are sent via email. Your right to the payment expires after that time. Use your Card anywhere Visa debit cards are accepted in the U.S. The Card may not be used at any merchant, including internet and mail or telephone order merchants, outside of the U.S. The Visa® Prepaid Card is issued by The Bancorp Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Your use of the Card is governed by the Visa® Prepaid Card Cardholder Agreement (the “Agreement”), and some fees and restrictions may apply, as set forth in the Agreement. This is not a gift card. Please note that prepaid cards are subject to expiration, so pay close attention to the expiration date of the card. Because funds on the Card expire when the Card expires, you will not be able to use the Card after the expiration date and a replacement Prepaid Card will not be available. Winners of this prize will receive an email from noreply@Tangocard.com that prompts them to select either a physical or virtual Card. 

For All Prizes:  Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The value of a prize will be taxable to the winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of prizes not specifically provided for in these Official Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. Winners must contact their own tax advisor for any questions concerning taxes. The odds of winning a prize depend on the number of applicable eligible entries received during each Weekly Entry Period. 

Prize Limit:  An Eligible SP may win only once during the Contest Period.

8. WINNER SELECTION AND NOTIFICATION: Six (6) Eligible SPs from each Network Region (three (3) SP-Tow and three (3) SP-Roadside from each Network Region) will be selected by Sponsor as the “weekly winners” each week on or about the Approximate Winners Selection Date identified in the table in Section 5 using the Judging Criteria set forth in Section 6. The selected “weekly winners” will be notified by e-mail at the e-mail address on record with the Sponsor. 
   
   
9. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. Sponsor reserves the right to change these Contest Official Rules at any time by providing notice to participants at the email address on record with Sponsor within 24 hours of the change. By participating, Service Providers agree to be bound by these Contest Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in the Contest and/or by accepting any prize, winners agree to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, injury, loss, damage, or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising in any manner, directly or indirectly, from participation in the Contest or acceptance, receipt or use or misuse of any prize. 
   
   
10. PUBLICITY: Except where prohibited by applicable law, participation in the Contest constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or city and state of residence for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration. 
    
    
11. 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Contest or receipt or use or misuse of any prize.  
    
    
12. DISPUTES: Except where prohibited, Service Provider agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Middlesex County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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, indirect, 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.
    
    
13. GOVERNING LAW AND JURISDICTION: 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 Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts. 
    
    
14. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be acting in violation of the Contest Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  
    
    
15. WINNER LIST: Sponsor will post the “weekly winners” after winner confirmation is complete through email and Facebook.