UTG11 Official Rules
“Ultimate Trail Giveaway 11”
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Ultimate Trail Giveaway 11” (the “Giveaway”) is intended for legal residents of the United States and Canada and shall only be construed and evaluated according to applicable U.S. law, Canadian law, and applicable state/province law. Do not enter this Giveaway if you are not located in the United States or Canada, or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Giveaway is sponsored by Powersport Freaks LLC, 2546 Route 55 #521, Poughquag, NY 12570 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Giveaway is open to legal residents of the United States of America (including the District of Columbia; excluding residents of Alaska & Hawaii) or Canada (excluding the province of Quebec) who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective state/province of permanent residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Giveaway. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway. Winning the Grand Prize (as described below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Giveaway begins at 12:00:01 a.m. Eastern Time (“ET”) on August 1, 2019 and ends at 11:59:59 p.m. ET on October 31, 2019 (“Giveaway Period”). The Sponsor’s database computer is the official time-keeping device for the Giveaway. Entrants may enter in one of five (5) ways, as follows:
Via VIP Membership – VIP members of www.powersportfreaks.com will automatically receive twenty (20) entries into the Giveaway each month during the Giveaway Period. To become a VIP Member, visit https://giveaway.powersportfreaks.com (the “Website”) and follow the instructions to register to become a VIP Member. A monthly subscription fee of $18.95 will apply. Entries are conditional on maintaining a VIP membership status in good standing. Members who do not wish to participate can opt-out by visiting https://giveaway.powersportfreaks.com/cancel-vip. Note: If the Sponsor issues a refund to an Entrant or if the entrant initiates a credit card charge-back, the corresponding number of entries with the refund will be revoked.
Via Online Purchase – During the Giveaway Period, Entrants who make a purchase through the Sponsor’s online shop at https://www.powersportfreaks.com will automatically receive five (5) entries into the Giveaway for each five (5) whole dollars spent (the “Online Store Entry”). The number of entries you receive will be based on the pre-tax amount of your eligible purchase excluding shipping/handling charges, less any discounts. For clarification, Online Store Entries will accrue only on the subtotal of purchases after any discounts and/or price reductions are applied. Online Store Entries will not be awarded for any payment of shipping or handling fees. Returns and/or credits and/or credit card charge-backs of store orders will reduce the total number of Online Store Entries received. In addition to the above, you can earn bonus entries by purchasing products upon becoming a VIP member. A limited selection of products available for purchase will be located on the pages which immediately follow purchase of a VIP membership, with a complete list at www.powersportfreaks.com. Note: If the Sponsor issues a refund to an Entrant, or if the entrant initiates a credit card charge-back, the corresponding number of entries with the refund will be revoked.
Via Mail - During the Giveaway Period, eligible Entrants can obtain Giveaway entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, and description of why you are a Powersport Freak, and mailing the card in an envelope, with proper postage affixed, to: Powersport Freaks Sweepstakes, PO Box 424, Macedon, NY 14502-0424 (the “Mail-In Entry”). All entries must be postmarked by October 31, 2019 and received by November 4, 2019. Each mail-in entry received with be worth fifty (50) Giveaway entries. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the ADMINISTRATOR). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted
EMAIL (Entry Method may not be available during Giveaway Period; Sponsor’s discretion) - During the Giveaway Period, eligible Entrants can obtain one (1) free entry by submitting their email address and contact information at https://giveaway.powersportfreaks.com/free-entry-1, -2, -3, -4. Limit one (1) free entry per entrant / email address, per Giveaway Period.
Free Product Plus Shipping: During the Giveaway Period, eligible Entrants who make a purchase of specified free products plus shipping charges at https://giveaway.powersportfreaks.com/[product-url] will receive five (5) entries for each five (5) whole dollars spent on shipping. This purchase method includes 1st month VIP membership at no cost. Subsequent months will be billed at the standard VIP membership rate of $18.95/month and grant 20 entries/month.
GENERAL CONDITIONS: If for any reason the operation or administration of this Giveaway is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Giveaway or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "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.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Giveaway, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Giveaway; (iii) printing errors; (iv) errors in the administration of the Giveaway or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt of the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing conducted by the Administrator. The Grand Prize drawing will be conducted on or about November 5, 2019. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Giveaway Period. The potential Grand Prize Winner will be contacted by the Sponsor or Administrator via phone, email, USPS mail, and/or social media message.
GRAND PRIZE: There will be one (1) Grand Prize awarded. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a custom 2016 Can Am Outlander 850 XT (ARV - $12,000) and a 3day/2night trip to Newburgh, NY (collectively, “Prize” or “Grand Prize”) to accept the Prize. The travel portion of the Prize package includes:
One (1) roundtrip standard economy airfare ticket from a major commercial airport in the United States, near the Winner’s primary residence and Newburgh, NY, as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if Winner resides within 150 miles of Newburgh, NY);
Standard (single) hotel accommodations for two (2) nights (hotel TBD by Sponsor; room and tax only).
(c) Shipping of the vehicle portion of the Grand Prize to Winner's residence after travel portion has been completed
NOTE: The selected Winner must accept both portions of the Prize package. The Winner will not be able to accept the vehicle without executing the trip. If Winner resides within five hundred (500) miles of Newburgh NY, the Winner may substitute an in-person delivery of the prize at the winner's residence, instead of the travel portion of the Grand Prize. If Winner chooses in-person delivery, the travel portion of the Grand Prize will not be awarded. The Approximate Retail Value (“ARV”) of the total Grand Prize package is $14,500, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winner. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel and other accommodations are subject to availability. The trip must be fully executed by December 31, 2019 or the Prize package will be forfeited. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates and material restrictions may apply.
NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of comparable or greater value.
PRIZE CONDTIONS: By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the Prize. The potential Winner will each be notified by home-delivered mail, phone, email, and/or social media private message / direct message if applicable and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if U.S. resident) or a Declaration of Compliance (if Canadian resident) in order to claim the Prize. Note: The Affidavit sent to the potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize (applicable to U.S. Winner only), and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
Should the selected Winner be a Canadian citizen, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer the question he/she will be disqualified and another Entrant will be randomly selected. The potential Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential Winner is determined to be less than the age of majority in his/her province of residence, then the potential Winner will be disqualified and an alternate winner will be selected in their place.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS GIVEAWAY OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Giveaway or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Giveaway, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New York; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Giveaway and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business-size envelope, by December 31, 2019 to: ASC/PSF Ultimate Trail Giveaway 11 Giveaway Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.