Ultimate ZZ632 OBS Shop Truck Giveaway Official Rules

SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our giveaways, our Administrator, Marden-Kane will contact you via the phone number and the email address you provided on your order/entry form. You will NEVER be asked to provide a credit card, bank information or a payment of any kind as a condition of a prize award. Those are sure signs of sweepstakes scams. We do NOT use social media to contact winners of the giveaways we offer. Prize winnings must be reported to the IRS when filing your tax returns, and any federal or state income taxes would need to be paid by you directly to the IRS. For more information, visit http://www.mardenkane.com/scammer-alert and/or Scam Alerts | FTC Consumer Information.

ULTIMATE ZZ632 OBS SHOP TRUCK GIVEAWAY

Presented by Motion Raceworks

OFFICIAL RULES

NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF

A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES (EXCLUDES AK & HI) AND THE DISTRICT OF COLUMBIA.

VOID IN AK, HI & WHERE PROHIBITED.

BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.

ELIGIBILITY: The Ultimate ZZ632 OBS Shop Truck Giveaway (the “Giveaway” or “Promotion”) is open only to legal residents of the 48 contiguous United States (excludes AK and HI) and the District of Columbia, who are licensed drivers and legal age of majority in the jurisdiction in which they reside. Employees of Motion Raceworks LLC (the “Sponsor”), its affiliates, subsidiaries, advertising, promotion partners and internet agencies, and each of their respective officers, directors and agents (collectively "Released Parties") and their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of each are not eligible. The Giveaway is void in the states of AK, HI and where prohibited. All federal, state, provincial, municipal and local laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein. Previous winners of giveaways sponsored by Motion Raceworks are not eligible to win a prize.

PROMOTION PERIOD: The Giveaway begins on August 26, 2024 and ends at 11:59:59 PM Central Time (CT) October 6, 2024 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

TWO WAYS TO ENTER:
With a purchase at motionraceworks.com and/or www.tbmbrakes.com. During the Promotion Period, eligible entrants will automatically receive one (1) entry for every $5 spent in a single transaction on eligible online purchases made at www.motionraceworks.com, and/or www.tbmbrakes.com (the “Websites”). The number of entries you receive will be based on the list price of your eligible purchase (excludes discounts, sales tax, and shipping charges) and will be rounded up to the next $5 increment. For example, a $48 purchase will receive 10 entries. If a purchase is returned prior to the drawing, entry/ies associated with that purchase will be voided. All purchases are subject to Sponsor’s return policy. Your purchase transaction must be received by 11:59:59 PM CT on October 6, 2024, to be eligible to receive entries. No limit on the number of entries received with a purchase. By entering via the Websites, you consent to receive email communications from the Sponsor.

ENTRY MULTIPLIER: Throughout the Promotion Period, Sponsor may announce opportunities to increase the number of entries you may earn by a multiplier, e.g., (2X), (5X), (10X) (each an “Entry Multiplier”). For example, a $75 purchase that earns 15 entries, would earn 150 entries during a 10x Entry Multiplier offer. Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will be announced by the Sponsor on the Websites and/or its social media pages.

No Purchase Necessary – Mail-in Method of Entry. To enter the Giveaway without making a purchase, on a plain piece of 3”x5” paper, hand print your complete first and last name, street address, city, state/province/territory, zip/postal code, date of birth (mm/dd/yyyy), e-mail address plus daytime telephone number including area code. Mail your entry in a #10 business-size envelope with first-class postage affixed to: Motion Raceworks Ultimate ZZ632 Giveaway, POB 698, Syosset, NY 11791-0698. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Mail-in entries must be postmarked by October 7, 2024, and received by October 11, 2024 to be eligible for the random drawing. Each mail-in envelope will count as 60 entries, provided that the mail-in entry complies with the above requirements. Mail-in entries received with a postmark that corresponds to an Entry Multiplier offer will receive the applicable number of entries for the respective multiplier that is offered (e.g., 10X = 600 entries). If an Entry Multiplier offer ends on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day and received within 5 days of the offer deadline.

Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Not responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.

RANDOM DRAWING: A random drawing to select one potential Grand Prize winner will be conducted on or about Monday, October 14, 2024 from among all eligible entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an independent judging organization whose decisions are final. Odds of winning will depend on the number of eligible purchase and mail-in entries received.

WINNER NOTIFICATION: Potential winner will be contacted by email and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license (expired or suspended licenses are not considered valid), and will be required to complete a W-9 Tax Form (collectively “Documents”). All completed Documents must be returned within 3 days (including Saturdays, Sundays and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will be selected. In the event a potential winner is deemed ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded.

PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”). All prize values stated in USD: One winner will receive a 1993 Chevrolet Silverado 1500 with ZZ632 engine valued at $40,000, and $5,000 awarded in the form of a check which can be used to help offset potential tax liability (collectively “Grand Prize”) (total ARV of Grand Prize is $45,000). IMPORTANT: The prize vehicle is FOR RACETRACK USE ONLY. It is not intended for use on open roads and does not meet US standards for street vehicles.

Additional prize disclosures - Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance and use of a prize. Winner must agree to accept delivery of the prize vehicle at a Sponsor-specified location within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner must have a valid driver’s license which permits operation of prize vehicle in the winner’s state of residence and may need to provide evidence of legally required insurance prior to taking delivery. Sponsor reserves the right to substitute a prize of equal or greater value, where lawful, at its sole discretion. No substitution or transfer of prize by winner permitted. Prize winner shall bear all risk of loss or damage or theft to the Grand Prize after taking delivery/obtaining ownership, and Sponsor will have no obligation to replace it. The prize vehicle will be awarded “AS IS” without warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made nor is in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize offered in this Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. The prize vehicle may not meet safety or emissions testing required in some states, and/or counties/municipalities. Winner is responsible to check their state/county for applicable emissions requirements and safety inspection requirements prior to accepting prize and must use vehicle in accordance with those regulations. Photographs of the prize in any media are for illustrative purposes only and may not be the actual model to be awarded. All details and restrictions for the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion). Grand Prize consists of only the item specifically listed as part of the prize.

Winner will be solely responsible for any applicable federal, state and local taxes and any other expenses related to the acceptance and use of a prize not specified herein. The value of the prize is taxable as income; winner will receive an IRS form 1099 for the total value of the prize, as stated herein. In no event will more than the stated number of prizes be awarded.

RELEASE: Entrants/winner agree to release, discharge and hold harmless Released Parties and their respective successors and assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from prize pick up location/use or misuse of the prize, or the use of any photo/video/entry, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize.

By accepting a prize, winner understands and agrees that they may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval, consideration or compensation to the winner or any third party.

NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE/APP OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a drawing to award the Grand Prize will be conducted from among all eligible entries received prior to termination. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic, act of public enemies or any act outside of the Sponsor’s control/force majeure event, will not be considered a breach of these Official Rules. In the event a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the online order form or mail-in entry. Any damage made to the Websites by an entrant will be the responsibility of the entrant and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Official Rules contain terms that govern how claims relating to this Promotion will be resolved. For example, they include an arbitration agreement and waiver of a class action that require submitting Promotion-related claims to an arbitrator (instead of going to court before a judge or jury). They also limit the ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative proceeding). The official rules also limit the type of damages that can be recovered. Please read these terms carefully as they impact your legal rights and, by participating in the Giveaway you are agreeing to the terms.

CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Giveaway is offered only in the 48 contiguous United States (excluding the states of AK and HI) and the District of Columbia and is governed by the laws of the State of Iowa. Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, entrants irrevocably consent to the dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of Iowa located in the County of Clinton for any action, suit or proceeding arising out of or relating to this Promotion.

Entrant agrees that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before entrant accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): Motion Raceworks LLC, 112 E Industrial Street, Dewitt, IA 52742 Attention: Legal Department. Entrant agrees that entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after entrant sends a Demand. If the disagreement stated in the Demand is not resolved to entrant’s satisfaction within 10 business days after it is received, and entrant intends on taking legal action, entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of entrant, Administrator, and Sponsor to litigate claims in court and entrant, Administrator and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against Administrator or Sponsor in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, entrant must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be in Dewitt, IA. Entrant agrees that it will not file a class action or collective action against Administrator or Sponsor, and that entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does entrant, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with entrant to arbitration before the Arbitrator. 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’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Iowa, without giving effect to any choice of law or conflict of law rules (whether of the State of Iowa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Iowa. This arbitration provision shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Promotion.

PRIVACY: Information collected from participants is subject to Sponsor’s privacy policy. Sponsor will provide the personal information provided to enter this Giveaway to a third-party fulfillment company only to administer the Giveaway and verify the winner. By participating in this Giveaway, entrants consent to such collection, use, and disclosure of your personal information.

WINNERS LIST: The name of the Grand Prize winner will be announced on Sponsor’s social media page(s) on or about October 31, 2024, or after the Grand Prize winner has been verified.

SPONSOR: MOTION RACEWORKS LLC, 112 E Industrial Street, Dewitt, IA 52742. Mail-In entries will not be accepted at this address.

ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.

Manufacturers associated with the prize vehicle offered are not a sponsor or participant in this Giveaway and no association or endorsement is implied.