YOKOHAMA NITRO CIRCUS ‘GET TRUCKED UP’ TRUCK GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
DESCRIPTION: The Yokohama Nitro Circus ‘Get Trucked Up’ Truck Giveaway (” Sweepstakes” or “Giveaway”) begins at 12:00 AM Eastern Time (“ET”) on 6/17/17, and ends at 11:59 PM ET on 10/15/17 (“Sweepstakes Period”).
SPONSOR : Yokohama Tire Corporation, 1 MacArthur Place, Suite 800, Santa Ana, CA 92707
ADMINISTRATOR: Exposure Marketing & Promotion, Inc., 1000 North Opdyke Rd, Auburn Hills, MI 48326.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and District of Columbia (U.S.) who are at least twenty-one (21) years of age or older, with a valid driver's license, as of date of entry ("Entrant"). Employees (and the immediate families [spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside] and members of the same household of such employees, whether or not related) of Yokohama Tire Corporation ("Sponsor"), Nitro Circus Live Touring USA, Inc., Spartan Race, Inc., FCA US LLC, and their respective members, parents, divisions, affiliates, dealers, subsidiaries and advertising and promotion agencies, including Kovel Fuller Agency, INK Agency and Exposure Marketing & Promotion, Inc., and companies involved in the implementation and execution of the Sweepstakes and/or the Nitro Circus Live Touring USA, Inc., (collectively, the "Sweepstakes Entities") are not eligible to enter. Sweepstakes is void in Puerto Rico, U.S. Territories and jurisdictions (including overseas military installations) and where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, Administrator (and Sponsor Representative, as applicable), which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: During the Sweepstakes Period, the Giveaway may be accessed by visiting https://www.yokohamatire.com/truckedup (“Website”). Complete the online Entry Form with all required contact information, and submit as directed (“Initial Entry”). You can receive one (1) additional entry during the Sweepstakes Period by (i) Liking the official Yokohama Tire Facebook page (@yokohamatirecorp) (“Entry”) as of the end of the Sweepstakes Period and/or by (ii) using the provided link and following the instructions to share the Sweepstakes with your friends on Facebook (“Share Entry”). For the avoidance of doubt, one (1) additional Entry is available for Liking the official Yokohama Tire Facebook page and a second additional Entry is available for sharing the Sweepstakes on Facebook via the provided link. ALL INITIAL ENTRIES, ENTRIES AND SHARE ENTRIES (collectively referred to as “Entries” and may individually be referred to as “Entry”) MUST BE RECEIVED BY 11:59 PM ET, 10/15/17.
ENTRY RESTRICTIONS: There is a maximum of three (3) Entries per person/email address (i.e., one (1) Initial Entry, one (1) additional Entry and one (1) additional Share Entry during the Sweepstakes Period.) Any attempt by any participant to obtain more than one (1) Initial Entry, one (1) additional Entry and one (1) additional Share Entry during the Sweepstakes Period by using any means will void that participant's Entries in excess of the Entry limit applicable to that type of Entry (that is, Initial Entry, Entry or Share Entry, as the case may be) and that participant may be disqualified from the Sweepstakes altogether at the sole discretion of Sponsor or Administrator. To receive a Share Entry, sharing the Sweepstakes on Facebook must be effected by using the provided link. In the event of a dispute as to ownership of an Initial Entry, such Entry will be deemed made by the authorized account holder of the email address provided on the online Entry Form; in the event of dispute as to ownership of an additional Entry made via Facebook or an additional Share Entry, Entry will be deemed made by the authorized account holder of the email address associated with the Facebook account/user id used to like the official Yokohama Tire Facebook page or share the Sweepstakes on Facebook (as applicable). All such determinations as to ownership of Entry shall be made by Sponsor or Administrator in their sole discretion. Sponsor and Administrator are not liable for late, lost, stolen, incomplete, misdirected, damaged, delayed, stolen, technically corrupted, unrecorded (or improperly recorded), inaccessible, blocked or garbled/illegible Entries (for the avoidance of doubt, regardless of type and as applicable) which will be automatically disqualified, or for problems of any kind whether mechanical, human or electronic. Use of any automated system to participate is prohibited and will result in automatic disqualification.
SWEEPSTAKES WINNER SELECTION: The potential Grand Prize winner will be selected in a random drawing conducted on or about 10/17/17 from among all eligible Entries (that is, initial Entries, Entries and Share Entries) received. Odds of winning Grand Prize depends on the number of eligible Entries (that is, initial Entries, Entries and Share Entries) received. Sweepstakes drawing will be conducted by Administrator, an independent judging organization. Potential Grand Prize winner will be contacted by Administrator by telephone and email and will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within seven days of receipt. If the prize notification is rejected, returned, or deemed undeliverable or the potential winner fails to execute and return the Affidavit/Release within the specified time or if he/she is otherwise ineligible to receive the prize, that potential winner will be deemed ineligible and the prize will be forfeited and an alternate winner selected from among all remaining eligible Entries received. In the event that the potential Grand Prize winner is disqualified for any reason, the prize will be forfeited and awarded to an alternate.
ONE (1) GRAND PRIZE: The 2017 Ram 2500 Power Wagon® pickup truck* which was on display at multiple stops of the 2017 Nitro Circus North American Tour, Spartan Races, and other Yokohama events. The Approximate Retail Value (“ARV”) of the Grand Prize is $52,600.
*Ram is a registered trademark of FCA US LLC.
PRIZE RESTRICTIONS: Winner is responsible for vehicle registration, license, title and insurance fees and any other expenses related to the acceptance and use of the prize not specified herein. Winner must have a valid U.S. driver’s license and proof of insurance to take delivery (as per applicable law). Prize Vehicle will only be delivered to a street address in the forty-eight (48) contiguous United States or the District of Columbia. Prize Vehicle may feature Sponsor’s name and logo and perhaps other branding; any and all costs and expenses associated with the removal of such branding are the winner’s sole responsibility. Prize vehicle comes in a custom wrap with the following option and equipment package (see addendum). Prize Vehicle is used and with not insignificant mileage at the time of award (that is, approximately 10,000 miles), as well as associated wear-and-tear. THE PRIZE VEHICLE IS NOT NEW. Prize Vehicle does not come with any representation, or guarantee of any kind (expressed or implied, in fact or in law) from Sponsor or FCA US LLC (except, as to FCA US LLC, those warranties prescribed by applicable law); and, to the fullest extent permitted by law, Promotion Entities disclaim any and all liability under any used-car or “lemon” law that may apply to winner’s receipt of Prize Vehicle. Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prize with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. (For the avoidance of doubt, if winner is not comfortable accepting the Prize Vehicle subject to the foregoing conditions for any reason, his/her sole recourse is to decline the Prize in which case Promotion Entities will have no liability or obligation to winner and an alternate winner will be selected as set forth above.) Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income) and will be required to provide their Social Security number or tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the value of the prize awarded and accepted. Except where prohibited by law, acceptance of prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements and other personally identifiable information for Sweepstakes, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request, winner will provide written consent to such use.
GENERAL CONDITIONS / RELEASE: By participating, Entrants release Sweepstakes Entities, their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize. Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. (The preceding expressly includes but is not limited to inability of an individual to receive an Entry/Entries in the Sweepstakes due to filtering by or other operation of the functionality of Facebook.) CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE SITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES FULLY PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted on the Website, and the determination of the Grand Prize winner will be made, from among all eligible, non-suspect Entries (that is, initial Entries, Entries and Share Entries) received as of the date of the termination, cancellation or suspension, as Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate California state court located in Orange County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice of law or conflict of law rules (whether of the state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California.
WINNER: To receive Sweepstakes results (winner’s list), go to www.promodetails.com and enter the keyword “YokohamaGetTruckedUpSweeps”. Results will be available after 11/17/17.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
FCA US LLC is not a sponsor of the sweepstakes promotion.
© 2017 Exposure Marketing & Promotion, Inc. All rights reserved.