“H&R/STANCEWORKS GRAN GIVEAWAY” SWEEPSTAKES
OFFICIAL SWEEPSTAKES RULES
“H&R/Stanceworks Gran Giveaway” Sweepstakes (the “Sweepstakes”) is sponsored by H&R Special Springs LP & Stanceworks (together the “Sponsors”) and administered by Marden-Kane Inc. (the “Administrator”). For the purposes of the Sweepstakes, the “Sweepstakes Group” is composed of the Sponsors and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives.
1. SWEEPSTAKES PERIOD The Sweepstakes starts on November 20, 2020 at 12:00:01 am Pacific Standard Time (“PST”), and ends on December 20, 2020 at 11:59:59 pm PST (the “Sweepstakes Period”).
2. ELIGIBILITY All participants must (a) be at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old), at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 48 contiguous United States and the District of Columbia (excluding residents of: Hawaii, Alaska, Puerto Rico, overseas military installations and other U.S. territories). Persons identified as “Blocked Persons” or persons subject to applicable sanctions, prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited, restricted or where Sweepstakes Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Sweepstakes Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Sweepstakes, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives ( collectively above, the “Eligibility Criteria”).
3. HOW TO ENTER. NO PURCHASE NECESSARY. Internet access required at your cost. An individual meeting the Eligibility Criteria may enter the Sweepstakes during the Sweepstakes Period by one of the following methods of entry:
- During the Sweepstakes Period:
Purchase a poster/artwork (retail value $25) from the Sponsor’s website at: https://grangiveaway.com/
Three purchase options:
Purchase one (1) poster and earn three (3) entries
*Purchase two (2) posters and earn eight (8) entries
*Purchase three (3) posters and earn twelve (12) entries
*Must purchase quantity indicated to receive entries during one transaction (e.g. purchase 2 posters during 1 transaction to receive 8 entries).
- Mail-in entry: In a number #10 envelope insert one (1) 3x5 card with the following information: hand print name, address, city, state, zip code, email address, telephone number and date of birth. On the back of the card, in 20 words or more, hand write a response to the following questions “Where would you go with your new 2021 BMW M235i xDrive?” On the outside of the envelope, in the upper left of the envelope, hand print your name and address, hand print and mail to: H&R/Stanceworks Gran Giveaway, P.O. Box 738, Syosset, NY 11791-0738. For each envelope received earn one (1) Sweepstakes entry. All mail-in entries must be hand printed and include all requested information (as stated above) to be considered an entry. Bulk shipments (multiple mail-in entries in one envelope) will not be accepted, and will be destroyed. Mail-in entries must be postmarked by December 20, 2020 and received by December 28, 2020.
NO LIMIT ON NUMBER OF ENTRIES EARNED DURING THE DURATION OF THE SWEEPSTAKES.
Requests for confirmation of receipt of mail-in entries will not be acknowledged. No photo copies, facsimiles or reproductions of mail-in entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery.
By submitting an Entry, you confirm that you have read, understand and agree to abide by these Official Sweepstakes Rules. Your Entry must adhere to the Eligibility Criteria listed above or your Entry will be void and ineligible for entry into the Sweepstakes. All entrants and Entries subject to verification before the awarding of a prize, as are the eligibility, age, and other claims of information provided by a potential prize winner. In a dispute, Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. “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. The potential winner may be required to show proof of being the authorized account holder. Incomplete, corrupted, garbled, misdirected or otherwise illegible Entries, or Entries without contact information, or agreement to these Official Sweepstakes Rules, are void and will not be accepted. All Entries submitted become the sole property of Sweepstakes Group and will not be acknowledged or returned. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, damaged, altered, or misdirected entries, which will be disqualified. Proof of submission will not be deemed proof of receipt by Sponsor. All entries must be received by Sponsor during the Entry Period. All entries become the exclusive property of Sponsor for the purpose of marketing to entrants and will not be acknowledged or returned. All Entries must be received by the Sweepstakes Group during the Sweepstakes Period specified above.
4. DRAWING On or about December 28, 2020 (the “Draw Date”) a random draw will be conducted by Sweepstakes Group or its designee, from all eligible Entries that are timely received in accordance with Section 3 to select one (1) Grand Prize winner. See Prize Claim Conditions in Rule 5 below. Odds of being selected as eligible to win a Prize in this Sweepstakes will depend on the total number of eligible Entries (via purchase and mail-in) timely received in accordance with Section 3.
5. PRIZE CLAIM CONDITIONS Entrants selected as potential winner (“Potential Winner”) are subject to verification of eligibility and compliance with these Official Sweepstakes Rules. Each Potential Winner will be notified by Sweepstakes Group within approximately twenty four (24) hours of the Draw Date at the email account provided during the registration process.
Potential Grand Prize Winner: in order to be declared a Winner must:
- complete and return to Sweepstakes Group (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sweepstakes Group from any liability in connection with this Sweepstakes or the acceptance, possession, use or misuse of any Prize;
- complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”); and
The Sweepstakes Group will attempt to notify each Potential Winner a maximum of two times. If a Potential Winner does not respond within two (2) calendar days of first attempt by Sweepstakes Group or its agent, Sweepstakes Group will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within two (2) calendar days of second attempt by Sweepstakes Group or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Sweepstakes Rules may result in disqualification, forfeiture of the Prize and, at Sweepstakes Group’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
6. PRIZE Grand Prize: a 2021 BMW M235i xDrive Gran Coupe modified by Stanceworks/H&R Springs* (awarded as is), estimated retail value of $55,000usd and $5,000usd cash – Estimated Retail Value $60,000usd.
Grand Prize Winner agrees prize (2021 BMW M235i xDrive Gran Coupe) will remain in the contiguous United States and will not be sold, exported and/or licensed outside of the country until December 31, 2021. If Grand Prize Winner does not comply Sponsors reserve the right to reclaim Grand Prize without compensation to Winner.
Prize must be picked up at a destination determined by Sponsor no later than January 15, 2021. Winner is responsible with the following fees associated with picking up the prize, including, but not limited to: gas, registration, insurance, towing fees, etc…. Sponsor to provide temporary documents for Winner to get vehicle to final destination. Prize Winner must present a valid driver’s license and insurance card prior to delivery.
Prize must be accepted as awarded and may not be substituted or transferred. The Sweepstakes Group reserves the right to substitute Prize for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion (where legal), if a Prize, or any component of any Prize, cannot be awarded for any reason. Sweepstakes Group will not replace any damaged, lost or stolen prize. To the extent permitted by law, Sweepstakes Group makes no representations or warranties with respect to Prize. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which the prize is awarded, and copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides.
Grand Prize Additional Terms and Conditions: GRAND PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
The Grand Prize winner assumes all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize.
By accepting the Grand Prize, the Grand Prize winner shall release the Sweepstakes Group from all liability and responsibility for use of the prize.
7. PERSONAL INFORMATION Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrants consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Sweepstakes Group’s use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sweepstakes Group may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Sweepstakes Group to communicate about the Sweepstakes to its retailers and distributors.
8. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Sweepstakes Group reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Sweepstakes Group’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sweepstakes Group, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Group may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
9. GENERAL CONDITIONS Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sweepstakes Group, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Sweepstakes Group will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Sweepstakes Group reserves the right to correct any typographical, printing, computer programming or operator errors. Sweepstakes Group’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sweepstakes Group his/her prize, or the cash value thereof. Sweepstakes Group reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SWEEPSTAKES GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATIONS OF LIABILITY AND RELEASES BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SWEEPSTAKES GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SWEEPSTAKES GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. SWEEPSTAKES GROUP IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you, please see Rule 12 below.
Without limiting the foregoing, but subject to Rule 12 below, the Sweepstakes Group and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Sweepstakes Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
11. DISPUTE RESOLUTION Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the State of Washington; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of you and the Sweepstakes Group in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
12. OFFICIAL SWEEPSTAKES RULES AND WINNERS LIST Official Rules will be posted on: https://grangiveaway.com/pages/official-rules as of November 20, 2020 and will remain posted until December 20, 2020. Name of Winner to be posted on: https://grangiveaway.com/
upon confirmation of winner and remain posted until January 31, 2021.
H&R Special Springs 4108 Bakerview Spur, Bellingham, WA 98226
Stanceworks 861 West 18th Street, Costa Mesa, CA 92627
14. ADMINISTRATOR Marden-Kane Inc., 575 Underhill Blvd. Suite 222, Syosset, NY 11791
BMW is not a participant or Sponsor of this Sweepstakes.
©2020. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.