BUSA26 TERMS AND CONDITIONS

BUSA26 TERMS AND CONDITIONS

 

BUSA26 Official Rules

 

Win a 2023 Jeep® Gladiator® Rubicon + $50,000 CASH (BUSA26) 

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE "OFFICIAL RULES" AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL AND BINDING. READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING.. VOID WHERE PROHIBITED. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE PROMOTION PERIOD.

 

THIS GIVEAWAY IS NO WAY SPONSORED OR ENDORSED BY CHRYSLER®, DODGE®, JEEP®, RAM®, FCA GROUP®, FCAUS, LLC®, HARLEY-DAVIDSON®, H-D U.S.A. LLC®, CHEVROLET®, GM®, CORVETTE®, STINGRAY® or CHEVROLET WORLDWIDE®, TWITTER, INC., META PLATFORMS, INC., INSTAGRAM, INC., TIKTOK INC., ALPHABET INC or GOOGLE LLC, OR ANY OTHER BRAND WHOSE PRODUCTS OR SERVICES ARE BEING OFFERED IN CONNECTION WITH THIS GIVEAWAY.

 

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE GIVEAWAY ENTITIES, AS DEFINED BELOW, FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

SCAM ALERT - Protect yourself from scams. If you are selected as a potential winner in one of our Giveaways, Neal will contact you via the phone number 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 fraud. We do NOT use social media to contact winners of the Giveaways we offer on www.builtusa.com. 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. 

 

BUSA26 PROMOTIONAL PERIOD: The “BUSA26'' Giveaway (herein referred to as the “Giveaway”) begins on or about 12:00:01 a.m. Eastern Time (“ET”) on July 21, 2023 ("Start Date") and ends at 11:59:59 p.m. ET on September 21, 2023 (the “Promotion Period”). The Giveaway is sponsored by Built USA, LLC. 35246 US Hwy 19 N Ste 175 Palm Harbor, FL 34684 (the “Sponsor”). The official clock for purposes of the Giveaway is the computer of the Sponsor. Individuals who submit a valid entry, as described in the “HOW TO ENTER THE GIVEAWAY” section of these Official Rules, during the Promotion Period are referred to herein as “Participants” or individually as a “Participant”.

 

BUSA26 ELIGIBILITY: The Giveaway is open to legal residents of the fifty (50) United States** and the District of Columbia, who are eighteen (18) years of age or older (exceptions-must be 19 years of age or older for those that reside in the states of Alabama, Nebraska, and 21 years of age or older in the state of Mississippi) as of the date of entry.  Officers, members, directors, representatives and employees of the Sponsor and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion/judging agencies, persons engaged in the development, production or distribution of materials for this Giveaway (the “Giveaway Entities”), parents, grandparents, children, grandchildren, siblings, - whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Giveaway. Participants selected as potential prize winners must have a unique, personal, and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the prize. Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS'' section of these Official Rules. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant's full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law, regulation or ordinance. 

 

**Participants may not purchase digital entries for the Giveaway while on Washington State soil. Washington State residents may make purchases while outside of Washington State. Those purchases are eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations. If you feel the Washington State Gambling Commission should rethink these restrictions, please call (800) 345-2529.

 

BUSA26 HOW TO ENTER THE GIVEAWAY: Eligible individuals, as stated above, will be deemed a Participant in the Giveaway if they enter the Giveaway via one or more of the following three (3) entry methods: 

 

1) Online Merchandise Purchase:  Visit www.builtusa.com (the "Website") and complete a purchase during the Promotion Period.  For each U.S. dollar ($1.00) spent (excluding shipping & handling and tax) the Participant will receive one (1) Giveaway entry. At or before the time of their qualifying purchase, Participants will need to provide the following information: first and last name, home address, telephone number, and e-mail address. If a Participant initiates a credit card dispute or charge-back, or obtains a refund from Sponsor, the corresponding number of entries associated with the dispute, charge-back, or refund, will be revoked.  Any revisions or refunds to orders containing digital entries must be made prior to the close of the Promotional Period. Sponsor cannot and will not make adjustments after the close of the Promotional Period.

 

 2) Membership Entry: During the Promotion Period, visit the Website and purchase any one of the available Membership options. (a “Membership”) in Sponsor’s program (the “Membership Program”). Participants will receive the following amount of Giveaway entries corresponding to their level of Membership:

 

Monthly Memberships (each a “Monthly Membership”):

 

*For a Monthly Membership of $10.00 USD per month, Participants will receive two hundred (200) Giveaway entries;

* For a Monthly Membership of $25.00 USD per month, Participants will receive five hundred (500) Giveaway entries;

* For a Monthly Membership of $35.00 USD per month, Participants will receive seven hundred (700) Giveaway entries;

* For a Monthly Membership of $50.00 USD per month, Participants will receive one thousand (1,000) Giveaway entries;

* For a Monthly Membership of $100.00 USD per month, Participants will receive two thousand (2,000) Giveaway entries; and

* For a Monthly Membership of $150.00 USD per month, Participants will receive three thousand (3,000) Giveaway entries.

 

Participants that enroll in any Built USA Monthly Membership option shall receive a “Member’s ONLY” Bonus twenty (20) Giveaway entries for each (one) U.S. dollar ($1.00) spent (excluding shipping & handling and tax) during the Promotion Period.

 

Entries are conditional on maintaining your Membership status active and in good standing in the Membership Program selected. If, during the Promotion Period, a Participant, cancels their membership, the Participant will no longer continue to receive the benefits of the Membership Program. If, during the Promotion Period Participant upgrades or downgrades their Membership during the month, Participant will receive the appropriate number of entries based on the type of membership in good standing as of the first (1st) calendar day of the month. If a Participant initiates a credit card charge-back or dispute, the corresponding number of entries associated with the Membership will be revoked. Any revisions or refunds regarding Memberships must be made prior to the close of the Promotional Period. Sponsor cannot and will not make adjustments after the close of the Promotional Period.

 

3) FREE Mail-in Entry: Participants can enter the Giveaway without a purchase of any kind by creating a mail-in entry (“Mail-In Entry” or “Mail-In Entries”) by hand printing on a 3”x 5” card: “BUSA26” Giveaway entry, the Participant’s first and last name, mailing address, telephone number, e-mail address and date of birth.  Participants may mail their completed Mail-In Entry via postage paid first-class mail to: “BUSA26” 2023 Jeep® Gladiator® Turbo Diesel + $50,000 CASH Giveaway, 35246 US Hwy 19 N Ste 175 Palm Harbor, FL 34684. Each FREE Mail-In Entry must be mailed separately as there is a limit of one (1) Mail-In Entry per envelope containing a hand printed return address, including Participant’s first name and last name and mailing address, on the front of the envelope. Envelopes must be free form decoration or ornamentation. Bulk shipments of (multiple FREE Mail-In Entries in one envelope or other shipping package) will not be accepted and will be destroyed. Upon Sponsor’s receipt of each valid FREE Mail-In Entry, Participant will receive ten (10) Giveaway entries. Each FREE Mail-In Entry must include all requested information and format (as stated herein) to be considered a valid entry. FREE Mail-In Entries must be postmarked between July 21, 2023 and September 21, 2023, and must be received by 2:00 p.m. ET on September 23 , 2023. Requests for confirmation of receipt of FREE Mail-In Entries will not be acknowledged. Mail-In Entries must be original. Photo copied, illegible, or mechanically reproduced entries are not eligible. Giveaway Entities are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, incomplete, stolen, damaged, misdirected or postage-due mailing(s) of FREE Mail-In Entries. Participants may submit a FREE Mail-In Entry form as many times as desired. All Mail-In Entries shall become Sponsor’s exclusive property and will not be returned.

 

BONUS ENTRIES: From time to time throughout the Promotion Period, the Sponsor may be announce on Sponsor’s Website opportunities to earn Bonus multiples of Giveaway entries (for example multiples of: 2 times (2X), 5 times (5X), 10 times (10X), or 5 times (15X) during a limited time (the “Bonus Period”) as stated on the Website. For each one (1) U.S. dollar ($1.00) spent (excluding shipping & handling and tax) during the Bonus Period, or individual FREE Mail-In Entry postmarked during the Bonus Period, a Participant will receive Bonus, multiples of giveaway entries. During the applicable Bonus Period, Participants submitting valid FREE Mail-In Entries must in addition to the aforementioned Mail-In Entry submission process stated above, clearly hand print “Bonus” in the lower left hand side of the front of the envelope to be awarded the multiples of Giveaway entries.  If the announced Bonus Period ends on a Sunday or a holiday on which U.S. post offices are closed, FREE Mail-In entries must be postmarked no later than the date immediately following the Bonus Period to be awarded the Bonus multiples of Giveaway entries..

 

All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the Participant only at the aforementioned Website(s) and application URL addresses.  Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway. Sponsor reserves the right, in its sole discretion, to void any and all entries submitted by Participants whom the Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Giveaway. Proof of submission is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited.

 

If a Participant opts to enter the Giveaway via their wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Giveaway), standard text messaging and/or data rates may apply for each message sent or received from Participant’s handset according to the terms and conditions of Participant’s service agreement with Participant’s wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on Participant’s mobile phone bill or be deducted from Participant’s prepaid account balance. Wireless carriers' rate plans may vary, and Participants should contact their wireless carrier for more information on messaging rate plans and charges relating to each Participant’s participation in this Giveaway. By participating in this Giveaway by mobile device, Participant understands that Participant may receive additional messages by mobile device relating to this Giveaway, including notifications if Participant is a winner, which may be subject to charges pursuant to Participant’s carriers rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.

 

BUSA26 PRIZE: Subject to any restrictions expressly stated in these Official Rules, one (1) winner (“Prize Winner '') will receive (i) one (1) 2023 Jeep® Gladiator® Rubicon, having a Manufacturer Suggested Retail Price of approximately Ninety Nine Thousand, One Hundred Twenty and 0/100 U.S. Dollars ($99,120)  and (ii) Fifty Thousand and 0/100 U.S. Dollars ($50,000) to be awarded as a check (collectively, the “Grand Prize''.)  The vehicle options for the Grand Prize will be selected by the Sponsor in its sole discretion. The Prize Winner will be solely responsible for: any additional equipment, title, vehicle registration fee, dealer documentation fee, license delivery, dealer prep, freight, emissions inspection, insurance, gasoline, vehicle maintenance and all other fees and expenses associated with receipt and use of the prize vehicles (collectively, “Transaction Fees”). Any additional vehicle options will be the responsibility of the Prize Winner. Additionally, the Prize Winner will be solely responsible and liable for any and all applicable federal, state and local taxes, including, without limitation, sales tax(es) and income tax(es) (collectively, “Taxes”). While the Grand Prize’s cash award of Fifty Thousand and 0/100 U.S. Dollars ($50,000.00) may be applied towards, Sponsor makes no representation or warranty as to the amounts of any Transaction Fees or Taxes, including whether the total of all Transaction Fees and Taxes will be more or less than Fifty Thousand and 0/100 U.S. Dollars($50,000.00). Prize Winner shall be solely responsible for insuring the vehicle, and for payment of all associates Transaction Fees and Taxes. The maximum total Approximate Retail Value (“ARV”) for the Grand Prize is One Hundred Forty Nine Thousand, Six Hundred Twenty and 0/100 U.S. Dollars ($149,620).

Vehicle(s) may not meet safety or emissions testing required in some states, provinces, territories and/or counties/municipalities. Prize Winner is responsible to check their state/province for applicable emissions requirements and must use the vehicle in accordance with those applicable regulations. 

The Prize Winner must provide proof of valid automobile insurance and a valid driver’s license** to take delivery of the vehicle. The Prize Winner must take delivery from the Built USA, LLC Headquarters in Holiday Florida within fifty (50) days of being declared the Prize Winner by Sponsor. Prize Winner will be provided with transportation, via means of Sponsor’s choosing, to Built USA, LLC Headquarters in Holiday Florida. Such transportation may include one (1) one-way coach plane ticket from an airport of Sponsor’s choosing, or may include ground transportation if Prize Winner’s address is within 200 miles from Built USA, LLC Headquarters in Holiday Florida) The approximate value of the one-way travel is estimated to be $500 and is included in the prize value; should the Prize winner not utilize the air travel, the prize value will be reduced. Travel is subject to capacity controls, availability, limitations, and other restrictions, all of which are subject to change at Sponsor’s sole discretion. Airfare for the Prize Winner will be coordinated and determined by Sponsor (or its designee). Once travel is booked, no change, extension or substitution of trip dates is permitted, except by Sponsor at its sole discretion. The Released Parties shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s). It is the responsibility of the Prize Winner to arrive at the departure airport in time for the flights, with proper government-issued travel documentation and proper identification. Certain travel and security restrictions may apply and it is the responsibility of the Prize Winner to comply with all travel, security and other laws, regulations, airline passenger and accommodation rules that apply to them. The Prize Winner will be solely responsible for all other expenses while redeeming the Grand Prize (such as incremental airline charges, passport/visa fees, travel insurance, ground transportation in and around destination location, meals, beverages, taxes, gratuities, merchandise, souvenirs, hotel services, telephone charges, tips/gratuities, side trips and excursions,  and any other incidentals). Prize Winner must execute liability/publicity release prior to issuance of travel documents. Prize Winner is solely responsible for arranging for transport of the Grand Prize from Sponsor’s location in Holiday, FL to Grand Prize Winner’s destination of choice.

 

The maximum total Approximate Retail Value (“ARV”) for the Grand Prize is One Hundred Forty Nine Thousand, Six Hundred Twenty and 0/100 U.S. Dollars  ($149,620).

 

  ** If the randomly selected Prize Winner is unable to provide a valid Driver's License, the randomly selected Prize Winner must provide a state issued photo ID or Passport. If the randomly selected Prize Winner requires assistance traveling or driving, the randomly selected Prize Winner will be responsible for all expenses, including airfare, for the traveling companion(s). Traveling companion(s) will need to be insured on an independent automotive insurance policy if they will be operating the vehicle on Prize Winner's behalf. Please note, reasonable accommodations will be made for the randomly selected Prize Winner to collect the Grand Prize, as long as the above mentioned requirements are met.

 

BUSA26 WINNER SELECTION AND NOTIFICATION: A Potential Winner (“Potential Winner” will be selected from among all eligible entries received, in a random drawing on or about September 25, 2023, by the Sponsor, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Promotion/Giveaway. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a Prize Winner. Odds of winning a prize will depend on the total number of eligible entries received for the random drawing. The Prize Winner will be notified by telephone. Upon initial notification and verification of the potential Prize Winner, confirmation will be sent to the Prize Winner via email. 

 

Potential Winner will be notified via call from a 727 area code on or about September 25, 2023 and must reply within (24) twenty- four hours from the first notification attempt with the requested information. In the event the Potential Grand Prize Winner fails to return the requested information by the date indicated, any notification attempt is returned as undeliverable, if the Potential Winner is found to be ineligible, or if the Potential Winner does not comply with the Official Rules, then the Potential Winner will be disqualified and, in such event, shall forfeit any Grand Prize. In the event that a Potential Winner is disqualified, an alternate Potential Winner will be selected from the remaining eligible entries. The Giveaway Entities are not responsible for failure of a Potential Winner to contact Sponsor after being notified that he or she is a Potential Winner.

 

Except where prohibited, by entering the Giveaway, and as a part of the Winner confirmation and verification process to be completed in order to receive the Grand Prize, each Potential Winner agrees, upon request, to sign, execute  and return to an Affidavit of Eligibility, Liability Release and Publicity Release Form, an IRS Form W-9, W8-BEN, or other applicable forms (i.e., Request for Tax pay Identification and Certification), and any other documentation that Sponsor may require (collectively, the “Paperwork”) in the manner specified in the notification email, and within forty-eight (48) hours after receipt of such documents (or the time frame indicated in the Potential Winner notification email, if another time frame other than 48 hours is specified) The Paperwork will require the Potential Winner to provide sensitive personal information, including, without limitation, the Potential Winner’s full legal name, date of birth, home address, and social security number. By returning the completed Paperwork, such Potential Winner attests to the provisions stated therein, including compliance with these Official Rules. Some jurisdictions may prohibit Sponsor from conditioning participation on Potential Winner’s consent to publicity. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Sponsor of objections via email during the Potential Winner confirmation and verification process. The Grand Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Paperwork. The terms of the Paperwork are incorporated herein by reference.

 

Grounds upon which a Participant and/or Potential Winner may be ineligible to receive the Grand Prize (without compensation of any kind) and/or disqualified include, but are not limited to: (i) failure to meet all of the eligibility requirement set forth in these Official Rules, (ii) failure to comply with these Official Rules, or other instructions of the Sponsor, (iii) failure to respond to notification attempts as set forth above, (iv) failure to sign and return the Paperwork, or any other document required or requested by Sponsor, within the time period required by Sponsor, (v) failure to provide a valid telephone number and email address at the time of entry and/or if the notification attempts are returned as rejected, faulty, unclaimed or returned as undeliverable to such Potential Winner, (vi) Sponsor is unable to verify the identify and verification of the Potential Winner to their reasonable satisfaction, (vii) failure to pass a background check to the full satisfaction of the Sponsor, (viii) the provision of false, incomplete and/or misleading information to Sponsor, and/or the commission of any fraud or deception in connection with the Giveaway, (ix) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Grand Prize, (x) inability to timely accept the Grand Prize for any reason, including, but not limited to, injury or death, and (xi) the inability of the Giveaway Entities to timely award or otherwise fulfill the Grand Prize, due to circumstances beyond the Giveaway Entities’ reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemic/epidemics, terrorism, and/or weather. If any Potential Winner is found to be ineligible, or declines the Grand Prize for any reason prior to award, such Potential Winner may be disqualified and an alternate Potential Winner may be selected by random drawing from the eligible entries. Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize in excess of the number of Grand Prize(s) set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. The Giveaway Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Potential Winner.

The value associated with the Grand Prize may be taxable as income and the Prize Winner is solely responsible for any and all taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of an IRS Form 1099. Giveaway Parties will not replace any lost or stolen Grand Prize or components of a Grand Prize. All Winners are entitled, at their discretion, to refuse to accept some or all of the Grand Prize that they are eligible to receive and, in such instances, will be deemed to have forfeited some or all of the Grand Prize without compensation of any kind.

 

The Sponsor and Released Parties (as defined below) have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. The right to obtain a prize may not be sold, traded, or commissioned, and is not exchangeable or transferable, except in Sponsors sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right in its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sponsor is not the supplier of the Grand Prize, which may be fulfilled by a third party. The Sponsor and Released Parties (as defined below) are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Giveaway.

 

Grand Prize Winner will be announced to the public via https://builtusa.com/pages/our-previous-winners and our social media pages on or about September 27, 2023.

 

BUSA26 USE OF PERSONAL INFORMATION: By entering the Giveaway, Participant consents for the Sponsor to obtain, use, and transfer your name, address and other information provided for the purpose of administering this Giveaway; the information provided in connection with the entry process will be used by Sponsor only, and will not be sold or provided to another company except as necessary to administer this Giveaway. Participant entry information will be treated according to Sponsor’s privacy policy (https://builtusa.com/pages/privacy-policy). By participating in the Promotion and providing any contact information, Participants hereby agrees to Sponsor’s collection and usage of Participant’s personal information and acknowledges that they have read and accepted Sponsor’s Privacy Policy. By entering this Giveaway, Participant accepts and agrees to abide by these privacy policies. In the event of a conflict between these Official Rules and the privacy policy, these Official Rules shall govern.

 

BUSA26 INDEMNIFICATION AND RELEASES: By participating in the Giveaway, Participant agrees to release, discharge, indemnify and hold harmless, for his/her self and for their heirs, executors, assigns and any other person(s) who may claim by or through Participant, the Giveaways Entities, Twitter, Inc., Meta Platforms, Inc., Instagram, Inc., TikTok Inc., Alphabet Inc. or Google LLC, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Giveaway, and each of their respective parents, agents, affiliates, assigns, subsidiaries, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Participant’s participation in the Giveaway; (ii) and/or relating to any prize (including, without limitation, related to any acceptance, possession, misuse or use of any prize, losses, damages or injuries to Participant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaways activity and/or prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize, which shall be enforceable against any such manufacturer and not against the Released Parties. All Participants, as a condition of participation in this Giveaway, agree to indemnify, release and hold harmless the Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsors Website; (b) participating in any aspect of the Giveaway, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Giveaway -related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Giveaway application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Prize Winner bears all liability and risk of loss or damage to their respective prize after it has been delivered. Without limiting the generality of the foregoing, Participant agrees that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Giveaway and/or with respect to the Grand Prize, including, without limitation, to any Grand Prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel or equipment or other person or entity furnishing services, products or accommodations (“Suppliers”) in connection with the Giveaway; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.  Participant agrees that the Released Parties shall have no responsibility or liability for any discontinued components of the Grand Prize; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Internet, or Sponsor’s website(s), or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Giveaway; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Participant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Giveaway and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledges that the 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 a prize, including express warranties provided exclusively by Suppliers that may be sent along with the Grand Prize; this release covers, without limitation, any damage, liability, costs, attorneys’ fees and expenses whatsoever arising directly or indirectly out of the Giveaway or Participant’s acceptance, use, misuse, utilization, omission or possession of any prize that may be awarded to Participant in the Giveaway, and also includes, without limitation, claims based on personal injury, death, loss of enjoyment, property damage, any claims based on publicity rights, privacy rights, personality rights, “moral rights,” defamation and any and all taxes levied, assessed or collected or other harm or loss of any nature, even if due to the negligence, omission, or other fault of Sponsor or the Released Parties. The Released Parties are not responsible for the actions of Participants in connection with the Giveaway, including Participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Giveaway. The Released Parties are not responsible for any changes or unavailability of any platform that may interfere with the Giveaway (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use said platform for the Giveaway as set forth herein) or Participant’s ability to timely enter, receive notices or communicate with Sponsor via said platform, in which case Sponsor, in its sole discretion, may terminate or modify the Giveaway. Participant further understands and agrees that all rights under section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Participant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF  KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

 

BUSA26 TAMPERING WITH GIVEAWAY: If for any reason this Giveaway is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, malfunction, fire, flood, storm, or other natural cataclysm, pandemic, health crisis, riot, strike, civil commotion, government regulation, or any other causes which in the sole opinion of the sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who violates these Official Rules, and to cancel, terminate, modify or suspend the Giveaway, in whole or in part, at any time, with or without notice as deemed appropriate by Sponsor. In such an event, Sponsor may, in its sole discretion, award the Grand Prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and Sponsor reserves the right to seek all legal remedies permitted by law may be prosecuted to the full extent of the law.  Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error. 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. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail 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 Participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway.

 

CAUTION: ANY ATTEMPT TO 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. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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 e-mail address.   

BUSA26 PUBLICITY RELEASE:  All Prize Winners consent to provide a follow up video no later than forty-five (45) days after claiming their Grand Prize. Stipulations included in the Paperwork apply.

 

The Prize Winner understands and agrees that the ceremony awarding the Grand Prize will be videotaped/ photographed. All rights to any and all videos and photographs of any ceremony awarding the Grand Prize shall  belong solely to the Sponsor and can be used in any media at their sole discretion. Notwithstanding anything to the contrary in Sponsor’s privacy policy, except where prohibited by law, a Participant who submitted his/her personal information and/or a Prize Winner accepting a Grand Prize irrevocably grants to Sponsor and/or any other affiliate of Sponsor the unrestricted, absolute, perpetual, worldwide right and license to use Participant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, comments, statements, and information included on the Giveaway registration form including both Prize Winner’s written and video submissions, if any, and, without limitation, any notes, photograph, film, or video or audio tape that may be taken of Participant, provided by Participant, or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice to Participant or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media, including social media and social channels, newsletter, mobile app, SMS, as well as print, or any other embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with commercial purposes, including but not limited to, advertising, marketing, promotion, publicity, trade, sweepstakes, Giveaway promotions, activities, or materials (now known or hereafter developed) in perpetuity. Participant acknowledges and agrees that he or she shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, or distortion of my name, address, photograph or likeness. For the avoidance of doubt, the photographs, and/or recordings of everything Prize Winner says or does in connection with the Giveaway will be owned by the Sponsor, to do with as Sponsor wishes at any time in the future, as often as Sponsor wishes. Prize Winner hereby represents and warrants that Prize Winner owns or controls the rights to any and all personal photography, personal property, videos (including, but not limited to, video from cell phones) or other materials (the “Materials”) that Prize Winner provides to Sponsor and/or affiliates, assigns, and or licensees, and that Prize Winner has obtained all necessary releases from third parties that appear in said Materials. Participants agree not to issue any publicity concerning the Giveaway Entities. Additionally, if Participant chooses to opt-in to receive communications from Sponsor, his/her personal information will be subject to Sponsor’s privacy policy and terms of service (if applicable), and such Participant agrees to receive additional e-mail communication from Sponsor. Opting-in to receive communications does not improve one’s chances of winning any prize.

 

BUSA26 MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. No Grand Prize substitution or cash alternative offered, except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if Grand Prize becomes unavailable due to reasons beyond the control of the Sponsor; provided no such substitute prize shall be from Sponsor without its prior written consent. Grand Prizes are not transferable. Any taxes imposed on the income of the Prize Winner as a result of winning the Grand Prize and all other expenses not specifically mentioned herein as part of the Grand Prize are solely the responsibility of the Prize Winner. No more than the number of prizes set forth in these Official Rules will be awarded. If for any reason Sponsor determines, in its sole discretion, that the Giveaway is no longer capable of running as intended by these Official Rules for any reason whatsoever, whether by reason of malfunction, tampering, unauthorized intervention, fraud, technical failures, or any other causes, which, in the sole opinion of Sponsor, could corrupt or affect the safety of Participants or the administration, security fairness, integrity or proper conduct of the Giveaway Sponsor reserves the right at its sole discretion to cancel, terminate, suspend, postpone, delay or modify the Giveaway, in whole or in part.  If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor nor any of the Released Parties shall have any further liability to any Participant in connection with the Giveaway.

 

BUSA26 GOVERNING LAW  LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and any additional supplemental rules or the rights and obligations of Participants, Sponsor, or the Released Parties in connection with the Giveaway will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of laws rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.

 

BY ENTERING THE GIVEAWAY, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES  WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SO SOME OF THE PROVISIONS IN THIS SECTION MAY NOT APPLY TO EVERY PARTICIPANT.

 THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

 

BUSA26 DISPUTE RESOLUTION: Participants, Sponsor, Giveaway Entities, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts for Pinellas County, Florida and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration conducted before a sole impartial arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Palm Harbor, Florida; provided, however, if the location is not convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Pinellas County, Florida. Sponsor will not be responsible for paying any fees associated with a Participant’s travel or other costs incurred to attend an arbitration hearing. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Giveaway, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Official Rules or any additional supplemental rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Giveaway Entities (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.

 

No award or finding or stipulat