Project Build Giveaway #5 Official Rules
“Project Build Giveaway 5” Sweepstakes
Sponsored by MotionAuto LLC.
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
“Project Build Giveaway 5” Sweepstakes (the “Sweepstakes”) is sponsored by MotionAuto LLC (the “Sponsor”) and administered by Marden-Kane Inc. (the “Administrator”). For the purposes of the Sweepstakes, the “Sweepstakes Group” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives.
1. SWEEPSTAKES PERIOD
The Sweepstakes starts on November 10, 2020 at 12:01:00 a.m. Mountain Time (“MT”) and ends on December 13, 2020 at 11:59:59 p.m. MT (the “Sweepstakes Period”).
2. ELIGIBILITY
All participants must (a) be at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old), at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 48 United States, District of Columbia or Canada (excluding residents of Quebec, Hawaii, Alaska, Puerto Rico, overseas military installations and other U.S. territories). Persons identified as “Blocked Persons” or persons subject to applicable sanctions prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Sweepstakes. All applicable federal, national, state, and local laws and regulations apply. Void where prohibited, restricted or where Sweepstakes Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Sweepstakes Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Sweepstakes, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”).
3. HOW TO ENTER. NO PURCHASE NECESSARY
Internet access required at your cost. An individual meeting the Eligibility Criteria may enter the Sweepstakes during the Sweepstakes Period by one of the following methods of entry:
- During the Sweepstakes Period:
- Purchase any item from the Sponsor’s website at www.motionautotv.com or www.motionautoperformance.com and receive one (1) Sweepstakes entry for each $1.00 purchase (excludes sales tax and shipping fees). If purchase is returned prior to Sweepstakes drawing, eligible entries will be voided.
- Mail-in entry: In a number #10 envelope insert one (1) card with the following information hand printed on the front: name, address, city, state, zip code, email address, telephone number and date of birth. On the back of the card, in a minimum of 75 words, hand print a response to the following question “I always wanted to work on a project car because…” Send to: Project Build Giveaway 5, MotionAuto LLC, PO Box 698, Syosset, New York 11791-0698. For each envelope received earn five (5) Sweepstakes entries. Envelopes must be mailed individually. Mail-in entries must be postmarked by December 13, 2020 and received by December 17, 2020 to qualify. All information must be complete to be eligible. Personal information collected is used only for the purpose of the Sweepstakes and will be re-used, sold or shared in any manner, unless entrant agrees to receive Sponsor information.
BONUS ENTRIES: Throughout the Promotion Period the Sponsor may announce additional opportunities to earn “BONUS ENTRIES” into the Sweepstakes during the specified time period. During this specified time period, mail-in entries with the words “BONUS ENTRIES” and the NUMBER OF BONUS ENTRIES MARKETED DURING THAT TIME FRAME hand printed in the bottom left hand side of the post card will earn “BONUS ENTRIES” if their entry is postmarked on the specified date(s). If the “BONUS ENTRIES” offer falls on a Sunday, the mail-in entry post card must be postmarked the Monday immediately following the offer.
PATREON SUBSCRIBER ENTRIES: *Eligible participants who are currently subscribers of the Motion Auto Patreon Monthly Subscription and maintain their subscription during the promotion period will automatically earn 4 entries. New subscribers of the Motion Auto Patreon Monthly Subscription, who maintain their subscription during the promotion period, will automatically earn 4 entries. Limit one (1) subscription per eligible consumer. Sweepstakes entries may be void if subscription is canceled prior to end of promotion period. See Subscription details and how to register for a Subscription online at www.motionautotv.com. To earn additional entries without subscribing to Patreon Subscription, follow the directions for mail-in entries as stated above and include the word ‘PATREON’ hand written in the bottom left hand side of the front of the envelope. Earn four (4) extra entries (in addition to the five (5) earned per mail-in entry) per postcard/envelope received with the words ‘PATREON’. Maximum of two (2) Subscription mail-in entries per person during the promotion period. *Excludes existing and new $2 & $5 Patreon Monthly Subscription Members.
ENTRY LIMITS: Maximum of 1,000 entries per person (determined by email address) earned via either method of entry (online entries from both retail sites will be combined). Entries received above and beyond the maximum will be disqualified and destroyed. Personal information collected is used only in accordance with Sponsor’s privacy policy www.motionautotv.com/policies/privacy-policy. By submitting an Entry, you confirm that you have read, understand and agree to abide by these Official Sweepstakes Rules. Your Entry must adhere to the Eligibility Criteria listed above or your Entry will be void and ineligible for entry into the Sweepstakes. All entrants and Entries subject to verification before the awarding of a prize, as are the eligibility, age, and other claims of information provided by a potential prize winner. In a dispute, Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder. Incomplete, corrupted, garbled, misdirected or otherwise illegible Entries, or Entries without contact information, or agreement to these Official Sweepstakes Rules, are void and will not be accepted. All Entries submitted become the sole property of Sweepstakes Group and will not be acknowledged or returned. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, damaged, altered, or misdirected entries, which will be disqualified. Proof of submission will not be deemed proof of receipt by Sponsor. All entries must be received by Sponsor during the Entry Period. All entries become the exclusive property of Sponsor for the purpose of marketing to entrants and will not be acknowledged or returned. All Entries must be received by the Sweepstakes Group during the Sweepstakes Period specified above.
4. DRAWING
On or about December 17, 2020 (the “Draw Date”) a random draw will be conducted by Sweepstakes Group or its designee, from all eligible Entries that are timely received in accordance with Section 3 to select one (1) Grand Prize winner. See Prize Claim Conditions in Rule 5 below. Odds of being selected as eligible to win a Prize in this Sweepstakes will depend on the total number of eligible Entries timely received in accordance with Section 3.
5. PRIZE CLAIM CONDITIONS
Entrants selected as potential winner (“Potential Winner”) are subject to verification of eligibility and compliance with these Official Sweepstakes Rules. Each Potential Winner will be notified by Sweepstakes Group within approximately forty-eight (48) hours of the Draw Date at the email account provided during the registration process.
Potential Grand Prize Winner: in order to be declared a Winner must:
- complete and return to Sweepstakes Group (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sweepstakes Group from any liability in connection with this Sweepstakes or the acceptance, possession, use or misuse of any Prize;
- complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”); and
The Sweepstakes Group will attempt to notify each Potential Winner a maximum of two times. If a Potential Winner does not respond within three (3) calendar days of first attempt by Sweepstakes Group or its agent, Sweepstakes Group will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within three (3) calendar days of second attempt by Sweepstakes Group or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Sweepstakes Rules may result in disqualification, forfeiture of the Prize and, at Sweepstakes Group’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
Canadian Residents Only: In addition to the requirements stated above, to be declared a winner of the Grand Prize, potential winner must first correctly answer, unaided, a time-limited, mathematical skill-testing question, posed by email. Potential winner providing an incorrect answer will no longer be eligible to win a prize in this Sweepstakes.
6. PRIZE
Grand Prize:
- a customized 1995 Nissan 240sx (awarded as is). Estimated Retail Value: $8,000usd.
- $3,000 cash.
GRAND PRIZE PACK TOTAL ESTIMATED VALUE: $11,000
It is suggested (NOT REQUIRED) that the Winner use the cash towards the prize tax requirement.
Note; Vehicles may not meet safety or emissions testing required in some states, country and counties. Winner is responsible to check their state of residence to confirm and must use vehicles in accordance with state/county/country regulations.
GRAND PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Additional Terms and Conditions: Grand Prize must be picked up at a destination determined by Sponsor no later than December 31, 2020. Grand Prize Winner is responsible with the following fees associated with picking up the prize, including, but not limited to: gas, registration, insurance, towing fees, etc…). Sponsor to provide temporary documents for Grand Prize Winner to get vehicle to final destination. Prize Winner must present a valid driver’s license and insurance card prior to delivery.
Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash. The Sweepstakes Group reserves the right to substitute a Prize for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize, or any component of any Prize, cannot be awarded for any reason. Sweepstakes Group will not replace any damaged, lost or stolen prize. To the extent permitted by law, Sweepstakes Group makes no representations or warranties with respect to a Prize. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of a Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which their prize is awarded, and copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides.
Winner assumes all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize.
By accepting a Prize, Winner shall release the Sweepstakes Group from all liability and responsibility for use of the prize.
7. PERSONAL INFORMATION
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrants consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, winner agrees to Sweepstakes Group’s use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sweepstakes Group may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Sweepstakes Group to communicate about the Sweepstakes to its retailers and distributors.
For further information about Sponsor’s privacy practices, please see Sponsor’s Privacy Policy at: www.motionautotv.com/policies/privacy-policy.
8. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY
Sweepstakes Group reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Sweepstakes Group’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sweepstakes Group, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Group may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
9. GENERAL CONDITIONS
Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sweepstakes Group, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Sweepstakes Group will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Sweepstakes Group reserves the right to correct any typographical, printing, computer programming or operator errors. Sweepstakes Group’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sweepstakes Group his/her prize, or the cash value thereof. Sweepstakes Group reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SWEEPSTAKES GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OR PROMOTIONS OFFERED BY THE SPONSOR.
10. LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SWEEPSTAKES GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SWEEPSTAKES GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. SWEEPSTAKES GROUP IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Sweepstakes Group and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Sweepstakes Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
11. DISPUTE RESOLUTION
Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Pueblo, Colorado; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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 ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR 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 Sweepstakes Rules, or the rights and obligations of you and the Sweepstakes Group in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
12. OFFICIAL SWEEPSTAKES RULES AND WINNERS LIST
To obtain a copy of these Official Sweepstakes Rules or a winners list, please email your request to: winners@mkpromosource.com.
13. SPONSOR
MotionAuto LLC
P.O. Box 9236
Pueblo, CO 81008
14. ADMINISTRATOR
Marden-Kane Inc.
575 Underhill Blvd.
Suite 222
Syosset, NY 11791
Nissan is not a participant or sponsor of this promotion.
©2020. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.