MotorCrush 100k Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 OR OLDER AT THE TIME OF ENTRY.
TERMS, CONDITIONS, AND RESTRICTIONS MAY APPLY.
a. ALMM: ALMM Ventures, LLC, a Delaware Limited Liability company with place of business at 117 N Market St, Wilmington, DE 19801; the organizer of the Promotion
b. Promotion: the MotorCrush 100k Sweepstakes, more fully described herein
c. Promotion Sponsor: ALMM Ventures, LLC
d. Promotion Dates/Entry Period/Promotion Period: 12.00AM EST November 1, 2018 through 11.59PM EST May 15, 2019.
e. Entrant: Any eligible party who participates in the Promotion by obtaining entries thereto, through the methods described in the Promotion Rules
f. Grand Prize Winner: The randomly selected winner of the Grand Prize
g. Grand Prize: See Section 4.a. of the Promotion Rules
h. Monthly Prize Winner(s): The randomly selected winner(s) of the Monthly Prize
i. Monthly Prize: See Section 4.b. of the Promotion Rules
j. Prize Winner(s): Each individually, as well as collectively, of the Grand Prize Winner, and Monthly Prize Winners
k. Prize Winner Paperwork: the collective affidavits, releases, and any related paperwork, provided by ALMM to Prize Winners, each of which must be completed prior to the
l. Promotion Rules: These official rules, which govern the eligibility, methods of entry, prizes, and selection and notification of winners, for the Promotion. By participating in the Promotion, each Entrant agrees to abide by and comply with these Promotion Rules and the decisions of ALMM, which shall be final and binding
m. Promotion Entities: Collectively, the employees, officers, directors, and agents of ALMM, and each of their respective parents, subsidiaries, and affiliates, their advertising and promotion agencies, and participating sponsors or prize suppliers
n. Released Parties: The Promotion Entities and their respective successors and assigns2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open only to legal residents of the United States (including the District of Columbia, and excluding residents of New York, Florida, Rhode Island, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and minor outlying territories) who are 18 years of age or older at the time of entry. Void everywhere else and where prohibited or restricted by law. Promotion Entities, and the members of their immediate families (spouses, parents, children and siblings, regardless of where they reside) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of ALMM, which are final and binding in all respects, and entrant agrees to waive any right to claim ambiguity in the Promotion or Promotion Rules, except where prohibited by law.
b. Entrants are required to provide truthful information, and ALMM will reject and delete any entry that it discovers to be false or fraudulent. ALMM will disqualify any entry from individuals who do not meet the eligibility requirements and will also delete any entry as required by law.3. ENTRY
a. NO PURCHASE NECESSARY to obtain entries to the Promotion, and entries may be obtained in a variety of ways, as detailed below. ALMM is not responsible for delays or disadvantages in entering based on application functionality, mobile device connectivity, or electronic or network malfunction of any nature.
b. ENTRY THROUGH THE MOTORCRUSH MOBILE APPLICATION. Entrants may obtain entries through the use of the MotorCrush mobile application through four different methods. Entrants may collect a total maximum of twenty-five (25) entries per day (12.00AM EST through 11.59PM EST for any given calendar date) during the Promotion Dates through any combination of the following methods:
i. By utilizing the MotorCrush mobile application, and pressing the “Collect 10 Free” entries button (10 entries per day using this button)
ii. By utilizing the MotorCrush mobile application’s functionality to “like” other vehicles in the Entrant’s community (1 entry per “like”)
iii. By utilizing the MotorCrush mobile application’s functionality to check in the Entrant’s vehicle (3 entry per check-in)
iv. By utilizing the MotorCrush mobile application’s functionality to create a car meet (2 entries per created meet)
v. By utilizing the MotorCrush mobile application's functionality to follow other users (4 entries per follow)
c. ENTRY THROUGH MERCHANDISE. Entrants may obtain entries by purchasing official MotorCrush merchandise from shop.motorcrush.com and opting in to enter the Promotion during the check-out process. For every dollar spent on official MotorCrush merchandise, Entrants will receive 5 entries. There is no limit to the number of entries that may be obtained through the purchase of official MotorCrush merchandise. In the event that official MotorCrush merchandise purchased from shop.motorcrush.com is returned and a refund is issued by ALMM, the entries associated with the returned merchandise will be revoked.
d. ENTRY BY MAIL. Entrants may obtain entries by sending a postcard including their printed name, full mailing address, e-mail address, telephone number and date of birth to: MotorCrush 100K Sweepstakes, 117 N. Market Street, Wilmington, DE 19801. Each postcard must be mailed separately and bulk shipments will not be accepted and will be destroyed. Photocopies, facsimiles, and/or reproductions of mail-in entries will not be accepted. Mail-in entries must be post-marked prior to May 1, 2019 and must be received prior to May 10, 2019. ALMM is not responsible for the timely delivery of any mailing sent by an Entrant. Entrant shall receive 10 entries for each individual, complete postcard received, and there is no limit to the number of entries an Entrant may obtain by mail.
e. ENTRY MONITORING. Entrants who enter through the MotorCrush mobile application may monitor the number of entries attributable to their name. Entrants who enter through merchandise or by mail, who do not have or utilize the MotorCrush mobile application, will receive an email, to the email address provided at the time of entry, twice during the Promotion Dates. The first email notification shall be sent between March 1, 2019 and March 15, 2019; the second email notification shall be sent prior to May 15, 2019.
f. LIMIT: No other methods of entry will be accepted. Entry into the Promotion does not constitute entry into any other promotion or competition. By participating in the Promotion, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, whose decision shall be final and legally binding in all respects.4. PRIZES
a. GRAND PRIZE. One (1) Grand Prize Winner will be selected and one (1) Grand Prize will be awarded after the Promotion Dates. The Grand Prize consists of a customized, pre-owned Nissan GT-R of model year not older than 2009, with an approximate retail value of Seventy Thousand U.S. Dollars ($70,000.00). Modifications/customizations included with Grand Prize include: APR Carbon Front Air Dam, APR Carbon GTC-500 71” Adjustable Wing, APR Carbon Side Rocker Extensions, APR Carbon Front Bumper Canards, Difflow 5 Element Railer (Jr.) Rear Diffuser, Tanabe Medallion Touring Catback Exhaust, Titanium Intake Pipes, SSR GTX01 19x9.5 wheels, Cobb Accessport, and Motul Race Fluids. Note: Grand Prize may not meet the safety and emissions regulations required in some states. TOTAL APPROXIMATE RETAIL VALUE OF GRAND PRIZE: $70,000.00. CHANCES OF WINNING GRAND PRIZE ARE DEPENDENT ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
b. GRAND PRIZE RESTRICTIONS: Grand Prize Winner is responsible for all federal, state, and local taxes, registration, license, title and insurance fees, and for all costs associated with any available upgrade/option packages and any other expenses related to the acceptance and use of the prize not specified herein. Delivery date and time will be determined by Sponsor. Grand Prize Winner must take delivery of vehicle within 30 days of notice of availability. In the event that the Grand Prize Winner is unable (for any reason) or chooses not to accept delivery of the vehicle, Sponsor reserves the right not to award the entire prize. No cash substitutions are available for the Grand Prize.
c. MONTHLY PRIZES. One (1) Monthly Prize Winner will be selected each month on the following dates: December 1, 2018; January 1, 2019; February 1, 2019; March 1, 2019; April 1, 2019; May 1, 2019. Each Monthly Prize Winner will be awarded one (1) of six (6) Monthly Prizes. Each Monthly Prize consists of a professional driving experience valued at approximately Five Thousand U.S. Dollars ($5,000.00). Each Monthly Prize shall include, at a minimum: (1) performance vehicle rental, (2) track time at a race track of Sponsor’s choosing within the continental United States, (3) one-on-one coaching with professional driver Andy Lally on the track and utilizing the rented performance vehicle, (4) one (1) day and one (1) night hotel accommodations of Sponsor’s choosing, and (5) airfare of Sponsor’s choosing to accommodate travel to and from the track. All Monthly Prizes shall be redeemable by December 31, 2019 only.
d. MONTHLY PRIZE RESTRICTIONS: Monthly Prize Winners must possess valid required travel documents (e.g. photo identification) prior to issuance of any travel-related documents. Monthly Prize Winners will be required to sign liability release. If a Monthly Prize Winner is unable to redeem a Monthly Prize on the dates specified, the entire prize may be forfeited and awarded to an alternate. All expenses and costs related to acceptance and use of the Monthly Prize not expressly listed above, including but not limited to, meals, beverages, taxes and gratuities, are entirely the Monthly Prize Winner’s responsibility. Hotel accommodations are standard room/double occupancy. Monthly Prize Winners must travel on the same itinerary and on the dates and times specified by Sponsor, or prize may be forfeited and awarded, where practical, to an alternate. Multiple travel companions or variations to any set itinerary involved in Monthly Prizes will not be managed by Sponsor, and any additional costs for such changes will be the sole responsibility of the Monthly Prize Winner. If a Monthly Prize Winner lives within the vicinity of the location at which the Monthly Prize takes place, ground transportation will be provided in lieu of air travel and no additional compensation will be awarded. Air travel shall be economy class or equivalent, at Sponsor’s discretion.
e. TOTAL APPROXIMATE RETAIL VALUE OF EACH MONTHLY PRIZE: $5,000.00. TOTAL COMBINED APPROXIMATE RETAIL VALUE OF ALL MONTHLY PRIZES: $30,000.00. CHANCES OF WINNING EACH MONTHLY PRIZE ARE DEPENDENT ON THE TOTAL NUMBER OF ENTRIES RECEIVED PRIOR TO MONTHLY PRIZE WINNER SELECTION.
f. No more than the stated number of prizes specified in these official rules will be awarded. The prizes will only be issued upon verification of eligibility and upon timely receipt of all completed Prize Winner Paperwork. The Grand Prize will be issued within thirty (30) business days upon verification of eligibility and receipt of all completed Prize Winner Paperwork. All taxes, including but not limited to, federal, state, and local taxes, transfer taxes, and any other costs and expenses associated with the acceptance and use of a prize (including title fees, vehicle registration fees, and applicable insurance) are solely the responsibility of the winner. The Prize Winners will be issued an IRS Form 1099 for the value of their respective prize. Prizes cannot be transferred or substituted except at the sole discretion of ALMM to award a substitute prize of equal or greater value due to unavailability, and in no case may the status of “Prize Winner” or any given prize be transferred from an ineligible party to an eligible party. Prizes are non-transferable and may not be substituted for their cash value or articles of equivalent value.
g. COMBINED TOTAL APPROXIMATE RETAIL VALUE FOR ALL PRIZES AWARDED UNDER THE PROMOTION: $100,000.00
h. NO CASH AWARD: All PRIZES SHALL SOLELY CONSIST OF THE PRIZES DESCRIBED ABOVE AND AT NO POINT WILL ANY ENTRANT OR WINNER BE ENTITLED TO A CASH PAYOUT IN LIEU OF PRIZE(S).5. WINNER SELECTION AND NOTIFICATION
a. Decisions of ALMM with respect to the Promotion are final.
b. The Prize Winners will be selected at random not later than May 31, 2019, from a pool of all valid and eligible entries through the mechanism of ALMM’s choosing. Only one (1) Prize Winner will be selected for each prize described above. In the event that the first selected Prize Winner for any single prize is determined to be either invalid or ineligible based on the Promotion Rules, fails to claim a prize, or forfeits a prize in writing, the Prize Winner shall be reselected from the remaining eligible Entrants.
c. Prize Winners will be notified through the email address associated with their MotorCrush mobile application account, or the email address provided in connection with an entry through merchandise or the email address provided in connection with an entry by mail, regardless as to any unofficial announcement or notification made in person, over loudspeaker, or otherwise during or after the Promotion Period, within approximately thirty (30) days following the Promotion Period. Odds of being selected as a Prize Winner depend on the total number of entries received. Prize Winners will be provided with instructions for claiming the applicable prize.
d. Winners must execute and return the Prize Winner Paperwork, including any required affidavit of eligibility and/or liability release and/or publicity release within fourteen (14) days of notification attempt or prize will be forfeited. If a potential winner is deemed ineligible for any reason, cannot be contacted, has not reached the age of majority in his/her state of residence, fails to sign and return the required fully-executed affidavit of eligibility and/or liability release and/or publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize. The Promotion Entities are not responsible for any changes in an entrant or winner’s email address, phone number, mailing address or other contact information.
e. Monthly Prize Winner Vouchers: Due to the nature of the Monthly Prizes, Monthly Prize Winners will receive a prize voucher redeemable at a Sponsor-determined date in order to claim their Monthly Prize.6. CONDITIONS
a. As previously stated in the Promotion Rules, payments of all applicable federal, state, and local taxes and fees in connection with the prizes are solely the responsibility of the Prize Winners. Prize Winners will be required to complete and submit an IRS Form W-9 with the Prize Winner’s full social security number or the equivalent prior to conveyance of the applicable prize. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize.
b. Participation in the Promotion and/or acceptance of the prize constitutes Entrant’s and/or Prize Winner’s permission for ALMM, its designees or agents to use in commerce, advertising and in any media, now or hereafter known, throughout the world, in perpetuity, Prize Winner’s name, the prize won, hometown (city and state only), voice, likeness, and/or statements made regarding the Promotion, ALMM, and/or any of ALMM’s products and services (including but not limited to the Track Rabbit event registration platform and MotorCrush mobile application) for purposes of trade, publicity, or promotion without notice or any additional financial or other compensation, notification, or permission, except where prohibited by law. Each Prize Winner agrees to sign a publicity release confirming such consent prior to acceptance of the applicable prize, except where prohibited by law. To the extent not prohibited by law, Prize Winners also agree to provide ALMM with an interview, which may be used in connection with the Promotion.
c. Participation in the Promotion and/or acceptance of the prize constitutes Entrant’s and/or Prize Winner’s agreement to release, discharge, and hold harmless the Released Parties from and against any and all claims of liability arising directly or indirectly from the prizes and participation in the Promotion, including but not limited to any claims based on publicity rights, defamation, invasion of privacy and/or prize delivery. Further, the Prize Winners agree to sign a liability release agreeing to hold the Released Parties harmless against any and all claims or liability arising directly or indirectly from the prizes or participation in the Promotion. Entrants understand, acknowledge, and agree that the Released Parties shall not be liable for losses or injuries of any kind resulting from the rejection of an entry given ALMM’s belief that the contestant was tampering with or abusing the Promotion’s entry process in any manner, or due to any technical malfunction of any entries that are late, delayed, garbled, incomplete, misdirected, lost, corrupted, or otherwise not in compliance with the Promotion Rules or applicable law.
d. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, mobile devices, identities, registrations and logins or any other methods may void all of that Entrant’s entries and that Entrant may be disqualified. Entries made by check-in of a motor vehicle which are non-unique (i.e. the vehicle has been checked-in by multiple individuals or accounts) shall be valid only for the MotorCrush mobile application profile associated with the legitimate owner and/or caretaker of such a vehicle (selected Prize Winners may be asked to provide proof of ownership of their vehicle, or otherwise provide authorization from such vehicle’s registered owner) and shall be void for all other Entrants, and such Entrants disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including but not limited to promotion entry services or proxies) will void all entries by the applicable Entrant at ALMM’s sole discretion. ALMM’s computer system is the official timekeeping device for this Promotion. ALMM, in its sole discretion, reserves the right to disqualify any person from this Promotion if he or she tampers with the entry process or the operation of the MotorCrush mobile application or is otherwise in violation of the rules. ALMM, in its sole discretion, reserves the right to reject entries from any source, and to disqualify any person or persons who ALMM believes is tampering with the entry process in any way, including but not limited to attempts to manipulate the entry system or entry process in order to increase the odds of winning, or for any other fraudulent activity designed to affect the entry process, or who is otherwise in violation of the Promotion Rules or of any applicable law or regulation. To the fullest extent permitted by law, ALMM may seek prosecution of and/or damages from any person who attempts to damage the MotorCrush mobile application or to tamper with the operation of this Promotion.
e. ALMM further reserves the right to cancel, terminate, suspend, or modify the Promotion and select Prize Winners from the pool of valid entries at the time of such cancellation, termination, suspension, or modification:
i. if any fraud, technical failures, or any factor beyond ALMM’s control, including force majeure, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by ALMM in its sole discretion;
ii. if, due to circumstance beyond the control of ALMM, including any force majeure event or other event of local or national importance, any segment of the Promotion is delayed, rescheduled, postponed or cancelled.
f. The rights contemplated under Section 6.e. above, shall be reserved as rights, but not as obligations, and in the event that ALMM exercises one or more of these rights, ALMM shall not be required to award a substitute prize.
g. ALMM’s failure to enforce any term of these Promotion Rules shall not constitute a waiver of that term.
h. The Released Parties are not responsible for:
i. Typographical or other errors in the printing, the offering, or the administration of the Promotion or in the announcement of a prize;
ii. Incurred or inaccurate entry information, human error, failure or omission;
iii. Unauthorized human intervention;
iv. Entries not received due to difficulty accessing the internet, service outages, delays, busy signals, poor signals, signal interference, accidental disconnection, or equipment malfunctions or any other technological problems or failure of any kind;
v. Misdirected, incomplete, incorrect, or late entries;
vi. Any cancellations, delays, diversions, substitutions, or omissions whatsoever by any person or entities providing any services to Prize Winners, including any results thereof such as changes in services or location necessitated by same.
i. The Released Parties are not responsible for any part of a prize that cannot be awarded due to acts of God, acts of war, natural disasters, acts of terrorism, or other factors beyond the Released Parties’ control.
j. ALMM reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Promotion, which will become effective upon announcement. If any provisions of these Promotion Rules are irrevocably inconsistent with any provision otherwise set forth or conveyed, then the provision of these Promotion Rules will prevail, but solely to the extent of the inconsistency.
k. Failure to comply with these Promotion Rules may result in an Entrant’s disqualification, at ALMM’s sole discretion.
l. The Promotion Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of ALMM. The invalidity or unenforceability of any provision of the Promotion Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or unenforceable, these Promotion 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.
m. Except where prohibited, by entering the Promotion, each Entrant agrees that:
i. Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of Delaware;
ii. Any and all claims, judgements, and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorney’s fees;
iii. No punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded;
iv. Entrant hereby waives all rights to claim punitive, incidental, special, consequential, or other damages, including lost profits, and all rights to have any damages awarded multiplied or increased.
n. The construction and interpretation of these Official Rules and all aspects related thereto shall be governed by the laws of the State of Delaware.
o. For Copies of these Promotion Rules, or for a list of Prize Winners following the completion of the Promotion, send a self-addressed, stamped envelope specifying “Promotion Rules” or “Prize Winners”, to MotorCrush 100k Sweepstakes C/O ALMM VENTURES, LLC, 117 N. Market Street, Wilmington, DE 19801. All such requests must be received within 90 days following the end of the Promotion Period.
p. Void where prohibited.