4. RANDOM DRAWING: A random drawing to select the potential prize winners will be conducted on or
about 7:00 pm PT on Sunday, February 6, 2022
from among all eligible online purchase and mail-in entries received. The
random drawing will be conducted by the Sponsor and may be aired live on
Sponsor’s Official Facebook
and Instagram page.
The potential winners selected are subject to eligibility verification prior to
be deemed the official winners (see below for details). Odds of winning will
depend on the number of eligible online purchase and mail-in entries received.
The decisions of the Sponsor are final and binding.
5. WINNER NOTIFICATION: Potential winners will be contacted by email and/or
phone by Marden-Kane, Inc., and will be required to complete and return an
Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and
where lawful, a Publicity Release, a W-9 Tax form (which will be used for tax
reporting purposes), and a copy of his/her valid driver’s license; 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.
6.
PRIZES
AND APPROXIMATE RETAIL VALUES (“ARV”). All prize values stated in USD:
One
(1) Grand Prize – a Ford F150 Raptor custom build by West Coast Customs, valued
at approximately $135,000, and $10,000 cash (total ARV $145,000).
One
(1) First Prize - $2,500 cash
One
(1) Second Prize - $1,000 cash
Cash portion of prizes will be awarded in the form of a check.
The
total value of all prizes available in this Giveaway is $148,500 USD.
Additional
disclosures for Grand Prize vehicle
- 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,
pickup/transport or use of a prize. Winner
must agree to pick up prize vehicle at a Sponsor-specified location in the U.S.
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/territory of residence and evidence of legally required
insurance prior to taking delivery. In the event winner is unable to take
delivery of the prize vehicle, winner will be disqualified, and an alternate
winner may be selected. 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. Vehicle
may not meet safety or emissions testing required in some states, provinces,
territories and/or counties/municipalities. Winner is responsible to check
their state/territory/county for applicable emissions requirements and safety
inspection requirements prior to accepting prize and must use vehicle in
accordance with those regulations. Prizes consist of only the item(s)
specifically listed as part of the prize.
Winners
are 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 a prize is taxable as income; Winners will receive an IRS
form 1099 for the value of their prize, as stated herein. Sponsor reserves the
right to substitute a prize of equal or greater value at its sole discretion.
No substitution or transfer of prize by winner permitted. In no event will more than the stated number of
prizes be awarded.
7.
RELEASE: Entrants/winners 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 a 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.
8. 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 Website 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.
9. CHOICE OF LAW: All 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 this
Giveaway, will be governed by and construed in accordance with the laws of the
United States of America without regard to its choice of laws or conflict of
law provisions. Claims may not be
resolved through any form of class action. By participating, Entrants
irrevocably consent to the exclusive jurisdiction of the federal and state
courts of the United States for any action, suit or proceeding arising out of
or relating to this Giveaway. Entrant agrees that any and all claims,
judgments, and awards shall be limited to actual out of pocket costs incurred,
including any costs associated with participation in this Giveaway but in no
event attorneys' fees; and under no circumstances will Entrants/Winner be
permitted to obtain awards for, and Entrants/Winner hereby waive all rights to
claim, punitive, incidental and consequential damages or any other damages
other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased.
10. PRIVACY: Information collected from participants is
subject to Sponsor’s privacy policy, https://lmctgiveaway.com/ppolicy.
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.
11. WINNERS LIST: Winners will be posted at https://lmctgiveaway.com/ppolicy. as
well as on Sponsor’s Official Facebook
and Instagram
pages on or about February 7, 2022 or after all winners have been
verified.
SPONSOR: LMCT PLUS, Level 9, 440 Collins
Street, Melbourne, Victoria Australia. Mail-In entries will not be accepted at
this address.
ADMINISTRATOR:
Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY
11791-3416.
Manufacturer
of the prize vehicle offered is not a Sponsor or Participant in this Giveaway
and no association or endorsement is implied.
Copyright 2021 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these
Official Rules on the condition that it will be for the Entrant’s personal use
only.