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MOTION RACEWORKS FOX BODY GIVEAWAY OFFICIAL RULES
1.) ELIGIBILITY: The Motion Raceworks Fox Body Giveaway (the “Giveaway” or “Promotion”) is open only to legal residents of the 48 contiguous United States (excludes AK and HI) or 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, 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.
4.) RANDOM DRAWING: A random drawing to select one (1) winner will be conducted on or about February 7, 2022 from among all eligible purchase and 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 a prize will depend on the number of eligible purchase and mail-in entries received.
5.) WINNER NOTIFICATION: The potential winner will be contacted by email and/or phone by the Administrator and will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and where lawful, a Publicity Release along with a copy of his/her valid driver’s license, and will be required to complete a W-9 Tax form (collectively “Documents”). All completed Documents must be returned within 3 days (including Saturdays, Sundays, and Holidays) of attempted delivery of same. Failure to return required Documents or respond to a notification within the time specified or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate winner will 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.
6.) PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One Grand Prize – winner will receive a 1985 Ford Mustang valued at approximately $25,000. Winner will also receive $7,500, which will be awarded in the form of a check. Total ARV of the Grand Prize is $32,500.
Additional prize disclosures - Winner will be solely responsible for any applicable licensing, insurance, title and registration fees and any other expenses not specified herein, including but not limited to costs incurred by winner related to the acceptance, pickup/transport or use of a prize. Winner must agree to pick up prize vehicle at a Sponsor-specified location in the U.S. within thirty (30) days of notification of availability from the Sponsor; failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. Winner must have a valid driver’s license which permits operation of prize vehicle in the winner’s state of residence and evidence of legally required insurance prior to taking delivery. In the event winner is unable to take delivery of the vehicle, winner will be disqualified, and an alternate winner may be selected. Sponsor reserves the right to provide a prize of equal or greater value at its sole discretion. No substitutions or transfer of prize by winner permitted. The prize vehicle 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 Giveaway, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Vehicle may not meet safety or emissions testing required in some states, and/or counties/municipalities. Winner is responsible to check their state/county for applicable emissions requirements and safety inspection requirements prior to accepting prize and must use vehicle in accordance with those regulations. Prize consists of only the items specifically listed as part of the prize.
Winner will be solely responsible for any applicable federal, state, and local taxes and any other expenses related to the acceptance and use of a prize not specified herein. The value of the prize is taxable as income and Grand Prize winner will receive an IRS form 1099 for the total value of the prize as stated herein. 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, YouTube, 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, or the use of any Giveaway-related photo/video/entry, 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.
By accepting a prize, winner understands and agrees that he/she may be videotaped, recorded and/or photographed as part of a prize award ceremony. Rights to any prize 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.
8.) NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE 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/pandemic, 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 Grand Prize 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/pandemic, 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.
9.) CHOICE OF LAW AND JURISDICTION: All questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with this Giveaway, will be governed by and construed in accordance with the laws of the State of Iowa without regard to its choice of laws or conflict of law provisions. Claims may not be resolved through any form of class action. By participating, Entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts of Iowa for any action, suit or proceeding arising out of or relating to this Giveaway. Entrant agrees that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including any costs associated with participation in this Giveaway but in no event attorneys' fees; and under no circumstances will Entrants/Winner be permitted to obtain awards for, and Entrants/Winner hereby waive all rights to claim, punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
11.) WINNERS LIST: The name of the Grand Prize Winner will be announced at motionraceworks.com and/or on Sponsor’s social media channels on or about February 14, 2022, 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.
ADMINISTRATOR: Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416.
Manufacturer of the prize vehicle offered is not a Sponsor or participant in this Giveaway and no association or endorsement is implied.
Copyright 2022 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.