Motion Raceworks LS/HED Engine Horsepower Giveaway Official Rules
Motion Raceworks LS/HED Engine Horsepower Giveaway Official Rules
SCAM ALERT: If you are selected as a Winner, you will NOT be required to pay a fee in order to receive a prize. If you receive a
phone call, letter, email and/or a direct message on social media from someone that states you have won a prize and you need
to send money before receiving your prize, it is a SCAM. Never release your credit card or banking information. Never wire
money from your bank or from a money transfer platforms like Zelle or Venmo. 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 the winner directly to the IRS.
MOTION RACEWORKS LS/HED ENGINE HORSEPOWER GIVEAWAY
THIS PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES (EXCLUDES AK & HI) AND THE DISTRICT OF COLUMBIA
AND SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.
VOID IN THE STATES OF ALASKA AND HAWAII & WHERE PROHIBITED.
NO PURCHASE NECESSARY. PURCHASE OR ACCEPTANCE OF
A PRODUCT OFFER WILL NOT IMPROVE YOUR CHANCES OF WINNING.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT REQUIRES YOU TO
INDEMNIFY AND RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES AND TO AGREE TO ARBITRATION WITH NO CLASS RELIEF
AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION WITH NO CLASS RELIEF.
1. ELIGIBILITY: The LS/HED Engine Horsepower Giveaway sponsored by Motion Raceworks LLC (the “Giveaway” or “Promotion”) is
open only to legal permanent residents of the 48 contiguous United States (excludes Alaska and Hawaii) and the District of
Columbia who are licensed drivers and legal age of majority in their jurisdiction of residence. Employees of Motion Raceworks
LLC (the “Sponsor”), its affiliates, subsidiaries, advertising, promotion partners and internet agencies, automotive dealers,
distributors and wholesalers, and each of their respective officers, directors and agents (collectively "Released Parties") and
their immediate family members (spouse, parent, child, sibling, and grandparent) and/or those living in the same household of
each are not eligible. The Giveaway is void in the states of Alaska and Hawaii and where prohibited. All federal, state, and local
laws and regulations apply. By participating in the Giveaway, entrants agree to be bound by these Official Rules. Winning a prize
is contingent upon fulfilling all requirements set forth herein.
2. PROMOTION PERIOD: The Giveaway begins on April 1, 2023 and ends at 11:59:59 PM CT on April 30, 2023 (the “Promotion
Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
3. HERE’S HOW TO ENTER:
A. Automatically via an online purchase. Internet connection required. You will automatically receive one (1) entry for every
$5.00 USD spent on an eligible purchase at www.motionraceworks.com or www.tbmbrakes.com (the “Website”) during the
Promotion Period, unless your purchase is made during a special entry multiplier period, during which time the number of
entries earned will be increased by a multiplier (“Entry Multiplier”). For example, a $60 purchase during a 10X Entry
Multiplier offer will earn 120 entries. Timing for an Entry Multiplier offer will be determined solely by the Sponsor and will
be announced by the Sponsor on the Website and social media pages.
Your purchase transaction must be received by 11:59:59 PM CT on April 30, 2023 to be eligible to receive entries. The
number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping
charges) and will be rounded up to the nearest dollar. If a purchase is returned prior to the drawing, entry/ies associated
with that purchase will be voided. All purchases are subject to Sponsor’s return policy.
B. No Purchase Required Mail-In Method of Entry: To enter without making a purchase, on a plain piece of 3”x5” paper, hand
print your complete first and last name, street address, city, state, zip code, date of birth (mm/dd/yyyy), e-mail address plus
daytime telephone number including area code. Then, on the opposite side of your entry, in at least 25 words complete the
sentence: “I want to win the LS/HED Engine Horsepower Giveaway because…”. Mail your entry in a #10 business-size
envelope with first-class postage affixed, to: Motion Raceworks LS/HED Engine Giveaway Entry, POB 488, Syosset, NY
11791-0488. Your outer-mailing envelope must include a valid return address, which includes a complete first and last
name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit
one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-
in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail
permitted. Statements contained in mail-in entries will not be judged but must be unique; Statements must not in any way
reflect negatively upon Sponsor, the Promotion or any other person or entity. Entries that are postmarked by May 1, 2023
and received by May 5, 2023 will be eligible for the random drawing. Each mail-in envelope will count as five (5) entries,
provided that the mail-in entry complies with the above requirements.
To receive additional entries during an Entry Multiplier offer without making a purchase, follow the instructions for mail-in
entries above, and hand write the words “ENTRY MULTIPLIER” in the bottom left-hand corner of the envelope. Your mail-in
entry must have a postmark that corresponds to the date of an offer and received within 5 days of the offer’s deadline. If an
Entry Multiplier offer ends on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business
day and received within the next 5 days. Mail in entries received that comply with all the above requirements will receive
the applicable number of entries for the respective multiplier offered (e.g., 2X =10 entries; 5X=25 entries; 10X=50 entries,
Mail-in entries that are not in the format specified above, that are illegible, inaccurate, incomplete, or reproduced via
photocopier or otherwise will be considered null and void. Proof of submission does not constitute proof of receipt. Not
responsible for lost, late, illegible, mutilated, misdirected, postage-due entries or entries not received by the deadline. All
material submitted becomes property of Sponsor and will not be returned. No correspondence will be acknowledged or
entered into; requests for confirmation of receipt of mail-in entries will not be acknowledged.
4. RANDOM DRAWING: A random drawing will be conducted on or about May 8, 2023 from among all eligible purchase and non-
purchase mail-in entries received. The random drawing will be conducted by Marden-Kane, Inc. (the “Administrator”), an
independent judging organization whose decisions are final. Odds of winning will depend upon the number of eligible online
purchase and mail-in entries received.
5. WINNER NOTIFICATION AND VERIFICATION: Prize award is subject to eligibility verification. Potential winner will be notified by
email, mail, and/or phone by the Administrator. Potential winner will be required to complete and return an Affidavit of
Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release along with a copy of his/her
valid driver’s license (expired or suspended licenses are not considered valid). Winners will also be required to complete and
return a W-9 Tax form (collectively “Documents”). All required Documents must be returned within 3 days (including Saturdays,
Sundays and Holidays) of attempted delivery of same. Failure to return properly completed Documents within the specified
time, failure to respond to a notification within the time period stated or return of any prize/prize notification as undeliverable,
will result in disqualification without further notice and an alternate may be selected. In the event a potential winner is deemed
ineligible, fails to comply with the Official Rules or is unable to claim the prize as specified, the potential winner will be
disqualified, and an alternate winner will be selected. Prize award is contingent on eligibility verification and potential winner
completing and returning all required Documents. Only three (3) random drawings to select an alternate winner (if necessary)
will be conducted, after which the applicable prize will remain unawarded. By accepting a prize, winner understands and agrees
that they may be videotaped, recorded and/or photographed as part of a prize award announcement or ceremony. Rights to
any prize announcement/ceremony video, audio and/or photo belong solely to the Sponsor and can be used in any media
throughout the world in perpetuity and in any manner at Sponsor’s sole discretion, without further review, notice, approval,
consideration or compensation to the winner or any third party.
6. PRIZE AND APPROXIMATE RETAIL VALUE (ARV). PRIZE VALUE STATED IN U.S. DOLLARS (USD):
One (1) Grand Prize – winner’s choice of either (A) a Harrell Engine and Dyno LSX Turbo Engine valued at $35,000 (“Engine
Prize”) OR (B) $25,000 (“Cash Prize”). (Total maximum value of a prize offered in this Giveaway is $35,000).
Additional Engine Prize Disclosures – All components of the engine build will be determined by the Sponsor, in its sole
discretion. Sponsor will deliver the engine to the winner’s address within the 48 contiguous states via a suitable shipping
service. Winner will be solely responsible for the installation and/or use of the prize. Prize may not meet safety or emissions
testing required in some states and counties. Winner is responsible to check their state/county for any safety and emissions
inspection requirements and must use prize in accordance those Failure to take delivery within 30 days of availability could
cause prize to be forfeited and awarded to an alternate. Winner will be solely responsible for any expenses related to the
acceptance and use of the Prize not specified herein, including but not limited to any costs incurred by winner relating to the
acceptance or use of the Prize. In the event winner is unable to take delivery of the prize, winner will be disqualified, and an
alternate winner may be selected. Prize will be awarded “AS IS” without warranty by Sponsor of any kind. Winner
acknowledges that Sponsor has not made nor is in any manner responsible for any warranty, representation or guarantee,
express or implied, in fact or in law, relative to any prize offered in this Promotion, including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Grand Prize winner bears all risk of loss, damage or theft to their prize
after obtaining ownership and Sponsor will not replace it. Photographs of the Engine Prize in any media are for illustrative
purposes only and may not be the actual item to be awarded. All details and restrictions of the prize not specified in these
Official Rules will be determined by Sponsor in its sole discretion).
Prize consists of only the items specifically listed as part of the prize. The value of the prize is taxable as income; if the Grand
Prize winner is a resident of the U.S., the winner will receive an IRS form 1099 for the value of the prize he/she chooses, as
stated herein. Winner will be responsible for any applicable federal, state, and local taxes and any other expenses related to the
acceptance and use of the prize not specified herein. Sponsor reserves the right to substitute any portion of a prize with a prize
of equal or greater value at its sole discretion. No substitution or transfer of prize by winner permitted. In no event will more
than the stated number of prizes be awarded.
7. RELEASE: Entrants/winner agree to release, discharge and hold harmless Released Parties and their respective successors and
assigns from and against any claim or cause of action or liability (including but not limited to, personal injury, death or damage
to or loss of property) arising out of participation in the Giveaway or acceptance/receipt/travel to and/or from prize pick up
location/use or misuse of the prize, and agree to be bound by the Official Rules and the decisions of the Sponsor and/or
Sponsor’s representatives, which are final. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use
winner’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list,
unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements
contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern
and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the
Giveaway or in the announcement of the prize.
8. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/e-mail/internet transmissions,
incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any
person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion,
lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's
ability to participate in the Promotion. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of
active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail
account to receive e-mail. Sponsor reserves the right to cancel or modify the Promotion if for any reason, the Giveaway is
undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic, labor dispute or
strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity
of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as
determined by Sponsor/it’s agencies, in their sole discretion. In the event of termination, a notice will be posted online and a
drawing to award the Prize(s) will be conducted from among all eligible entries received prior to termination. The failure of the
Released Parties to comply with any provision of these Official Rules due to an act of God, epidemic, act of public enemies or
any act outside of the Sponsor’s control/force majeure event will not be considered a breach of these Official Rules. In the event
a dispute arises regarding the identity of the entrant, entry will be deemed made by the person whose name appears on the
online order form or mail-in entry. Any damage made to the Website by an entrant will be the responsibility of the entrant
and/or the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries
will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those
using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made
solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if
the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Official Rules contain terms that govern how claims
relating to this promotion will be resolved. For example, they include an arbitration agreement and waiver of a class action that
require submitting Giveaway-related claims to an arbitrator (instead of going to court before a judge or jury). They also limit the
ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative
proceeding). The official rules also limit the type of damages that can be recovered. Please read these terms carefully as they
impact your legal rights and, by participating in the Giveaway, you are agreeing to the terms.
9. CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Giveaway is offered only in the 48 contiguous United States
and the District of Columbia, and is governed by the laws of the State of Iowa. By entering, entrants irrevocably consent to the
dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of Iowa located in the
county of Clinton for any action, suit or proceeding arising out of or relating to this Giveaway.
a. Any dispute or claim between you, on the one hand, and Sponsor or Administrator, their parents, subsidiaries, affiliates,
agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than
in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not
have the right to participate as a representative or a member of a class of claimants. However, except as excluded in
Section 9 (f), an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages).
b. Claims include, without limitation, (1) Claims related to or arising out of any aspect of any relationship between you and
Sponsor; or Administrator and (2) Claims relating to the construction, scope, applicability, or enforceability of this
arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer
rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing,
“Claim” does not include an action solely to enjoin infringement or other misuse of intellectual property rights, which may
be filed in court.
c. You, Sponsor, and Administrator agree to provide written notice of any Claim and attempt in good faith to resolve the
dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to the Sponsor’s address noted below.
Notice to Administrator shall be sent to the attention of the Compliance Department at the address noted below. If the
dispute cannot be resolved within 30 days of providing written notice, any party may initiate an arbitration.
d. The arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-
352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will
take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will
issue a reasoned written decision explaining the basis for the award.
e. No class action, private attorney general, or other representative claims may be pursued in arbitration. Unless agreed in
writing, claims of two or more people cannot be joined or consolidated in the same arbitration.
f. An arbitration award is limited to actual damages. The arbitration award shall not include statutory damages,
disgorgement of profits, lost profits, consequential damages, or punitive damages.
This Giveaway involves interstate commerce and these Official Rules, and any arbitration proceedings are governed by the Federal
Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of
Iowa and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of
the law of another jurisdiction.
information provided to enter this Giveaway to a third-party fulfillment company only to administer the Giveaway and verify the
11. WINNERS LIST: The name of the Grand Prize Winner will be announced at www.motionraceworks.com and/or on its social
media pages on or about May 15, 2023, or after the Grand prize winner has been verified.
SPONSOR: Motion Raceworks LLC, 112 E Industrial Street, Dewitt, IA 52742. Mail-In entries will not be accepted at this address.
Mail-In entries will not be accepted at this address.
ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.
Manufacturers of prize(s) offered in this Promotion are not a Sponsor or Participant in this Giveaway and no association or
endorsement is implied.
Copyright 2023 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition
that it will be for the Entrant’s personal use only.